Full text of "Ordinances and resolutions of the mayor and City Council of Baltimore. "

See other formats

Digitized by the Internet Archive

in 2012 with funding from

LYRASIS IVIembers and Sloan Foundation

http://archive.org/details/ordinances90balt

Ch^ r-L^,

jlL<^

ORDINANCES AND RESOLUTIONS
OF THE

Mayor And City Council

OF BALTIMORE

PASSED AT THE ANNUAL SESSION 1989-1990

Mayor and City Council of Baltimore

Department of Legislative Reference

1990

I^O^lLJ.

ORDINANCES

PASSED AT THE ANNUAL SESSION

1989-1990

CITY OF BALTIMORE

ORDINANCE NO. 413

(Council Bill No. 692)

AN ORDINANCE concerning

ZONING - PLANNED UNIT DEVELOPMENT
BALTIMORE INTERNATIONAL YACHTING CENTER

FOR the purpose of approving the application of Baltimore
International Yachting Center Limited Partnership and
Constellation Place Joint Venture, owners of certain real
property and riparian rights, respectively, located in
Baltimore City on the southwest side of Boston Street and
the southeast side of Lakewood Avenue, known as 2701-45
Boston Street (the "Property"), consisting of 7.1 acres of
fast land, more or less, together with a pier containing
approximately one acre, and together with the riparian area
adjacent thereto, to have said Property redesignated as a
Business Planned Unit Development, and to make certain
changes in the existing Planned Unit Development affecting
the Property, all in accordance with Sections 12.0-1 and
12.0-4 o£ Article 30 of the Baltimore City Code (1983
Replacement Volume, as amended) and to approve the
development plan submitted by Baltimore International
Yachting Center Limited Partnership.

BY amending Zoning District Maps
Article 30 - Zoning
Section 12.0-1 and 12.0-4
Baltimore City Code (1983 Replacement Volume, as amended)

WHEREAS, By Ordinance No. 1169 adopted by the Mayor and City
Council on November 23, 1987, the Property was designated as
Industrial Planned Unit Development; and

WHEREAS, Said Ordinance provided for two phases in the
Development Plan, the first phase pertaining to that portion of
the Property located seaward of mean high tide in which a Marina
is planned and/or constructed, and the second phase pertaining to
the future redevelopment of the fast land portion of the
Property; and

WHEREAS, Ordinance No. 1169 further provided that plans for
redevelopment of the fast land would be considered major

Ord. No. 413

amendments requiring approval by the Planning Commission and the
City Council; and

WHEREAS, The Owner desires to make certain minor amendments
to the configuration of the phase one marina; and

WHEREAS, The Property has been or will be concurrently with
the passage of this Ordinance rezoned to a B-3-2 Zone, and
consequently the Property is being amended to be a Business
Planned Development in lieu of an Industrial Planned Development;
and

WHEREAS, On June 15, 1989, Baltimore International Yachting
Center Limited Partnership met with the Department of Planning of
Baltimore City to hold a pre-petition conference to explain the
scope and nature of existing and proposed development on the
Property in order to institute proceedings to have such Property
redesignated as a Business Planned Development; and

WHEREAS, Marina Ventures Internationale Ltd., hereby makes
formal application to the City Council of Baltimore City and
together herewith has submitted the requisite Development Plan,
consisting of plans entitled The Yachting Center, P.U.D.
Documents Shoot No. — PI- PG, — dated June 10, — 1900 , Sheet No. PI
(revised November 15. 1989). Sheets No. P2 and P3 (dated June 19,
1989). Sheet No. P4 (revised November 15. 1989) and Sheets No. P5
and P6 (dated June 14. 1989). intended to satisfy the
requirements specified in Section 12.0-1 and 12.0-4 of Article 30
of the Baltimore City Code (1983 Replacement Volume, as amended);
and

WHEREAS, Baltimore International Yachting Center Limited
Partnership, in requesting the introduction of this bill,
signifies its intention to implement, execute and substantially
complete the development of the Property in accordance with the
Development Plan and the provisions hereof; now, therefore

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That the application of Baltimore International
Yachting Center Limited Partnership concerning the Property
located on the southwest side of Boston Street and the southeast
side of South Lakewood Avenue, known as 2701-2745 Boston Street,
said property consisting of 7.1 acres of fast land, more or less,
together with a pier containing approximately one acre, and
together with the riparian area adjacent thereto, as outlined in
the Development Plan accompanying this Ordinance, to designate
said property as a Business Planned Unit Development pursuant to
Article 30, Sections 12.0-1 and 12.0-4 of the Baltimore City Code
(1983 Replacement Volume, as amended) be and it is hereby
approved.

Ord. No. 413

SEC. 2. AND BE IT FURTHER ORDAINED, That the Development
Plan submitted by Baltimore International Yachting Center Limited
Partnership be and it is hereby approved and made a part hereof.

SEC. 3. AND BE IT FURTHER ORDAINED, That the marina phase
of the Development Plan, described as the "first phase" in
Ordinance No. 1169 and pertaining to the marina constructed
seaward of mean high tide, is hereby modified and restated as
provided on sheet P4 of the Development Plan accompanying this
Ordinance.

SEC. 4. AND BE IT FURTHER ORDAINED, That in accordance with
the provisions of Section 12. 0-4 (a), the following uses are
permitted within the Planned Business Development:

(a) All uses allowed as permitted by the provisions of
Article 30, Section 6.3-1.

(b) In addition:

1. Marinas.

2. Off-street parking garages.

3. Open off-street parking.

4. Outdoor table service shall be permitted when
accessory to a restaurant.

5. Maritime suppliers and servicing, including
fuel piers.

SEC. 5. AND BE IT FURTHER ORDAINED, That pending
development and completion of all or a portion of the Property,
but in no event later than June 30, 1990 (unless otherwise
permitted under Section 4 above.), the following additional uses
shall be allowed as interim uses:

(a) Boat sales, servicing and display establishments
which shall not be required to be located wholly within enclosed
structures.

(b) Boat storage - dry stack.

SEC. 6. AND BE IT FURTHER ORDAINED, That the minimum yard
requirements shall not be applicable to specific lots created
within the Business Planned Unit Development.

SEC. 7. AND BE IT FURTHER ORDAINED, That:

Ord. No. 413

(a) The developer of the Property shall construct a
public promenade along the water's edge of varying depth, such
promenade to be built in phases and to be approved by the
Planning Commission.

(b) The developer shall endeavor to achieve within
the Lakewood View Corridor and Plaza an environment designed to
promote and enhance the use of such areas by pedestrians. No
asphalt surfaces shall be permitted on the Property within the
drives, the Plaza or the Lakewood View Corridor.

(c) The maximum height of buildings on the Property
shall be as set forth on the Site Plan attached as PI to the
Development Plan.

SEC. 8. AND BE IT FURTHER ORDAINED, That subsequent to the
passage of this Ordinance by the City Council, all substantial
changes in the approved Development Plan for the property shall
be reviewed and approved by the Planning Commission for insurance
of such changes consistent with this Ordinance.

SEC. 9. AND BE IT FURTHER ORDAINED, That subsequent to the
passage of this Ordinance by the City Council, all plans for
construction of permanent improvements upon the Property shall be
reviewed and approved by the Planning Commission to insure that
such plans are consistent with the Development Plan and this
Ordinance .

SEC. 10. AND BE IT FURTHER ORDAINED, That upon passage of
this Ordinance by the City Council, as evidence of the
authenticity of the Development Plan which is a part hereof and
in order to give notice to the departments which are
administering the Zoning Ordinance, the President of the City
Council shall sign the Development Plan, and when the Mayor
approves the Ordinance, he shall sign the Development Plan. The
Director of Finance shall then transmit a copy of the Ordinance
and the Development Plan to the Board of Municipal and Zoning
Appeals, the Planning Commission, the Supervisor of Assessments
for Baltimore City, and the Zoning Administrator of Baltimore
City.

SEC. 11. AND BE IT FURTHER ORDAINED, That this Ordinance
shall be deemed to supersede and replace Ordinance No. 1169.

SEC. 12. AND BE IT FURTHER ORDAINED, That the Ordinance
shall take effect on the date of its enactment.

Approved December 11, 1989

KURT L. SCHMOKE, Mayor

Ord. No. 414

CITY OF BALTIMORE

ORDINANCE NO. 414

(Council Bill No. 696)

AN ORDINANCE concerning

URBAN RENEWAL - CANTON WATERFRONT - AMENDMENT 1

FOR the purpose of amending the Urban Renewal Plan for Canton

Waterfront to, among other things, expand the boundaries of
the area generally northerly and westerly; incorporate the
properties to be acquired and disposition lots from Fells
Point to be added to Canton Waterfront and update and
correct the exhibits to reflect current conditions; approve
additional Renewal Plan objectives; revise and/or add
permitted land uses; revise the height restriction; add off-
street parking requirements applicable to certain
properties; revise provisions on Zoning; approve
rehabilitation standards for certain non-residential
properties; provide that the approval of this Ordinance
shall not be construed as enactment of such amendments to
the Zoning Ordinance as are proposed in the amended Renewal
Plan; approve controls governing waterfront development;
approve architectural guidelines for new development; revise
the community review provisions; add and/or revise certain
Appendices and Exhibits attached to the Urban Renewal Plan
to reflect the changes provided herein; waive such
requirements, if any, as to content or procedure for the
preparation, adoption, and approval of renewal plans as set
forth in Article 13 of the Baltimore City Code which the
Urban Renewal Plan for Canton Waterfront may not meet;
provide for the separability of the various parts and
applications of this Ordinance; provide that where the
provisions of this Ordinance shall conflict with any other
ordinance in force in the City of Baltimore, the provision
which establishes the higher standard shall prevail; and
provide for an effective date hereof.

WHEREAS, An Urban Renewal Plan for Canton Waterfront was
approved by the Mayor and City Council of Baltimore by Ordinance
80, dated June 5, 1984; and

WHEREAS, It is necessary to amend the Urban Renewal Plan for
Canton Waterfront to incorporate certain of the recommendations
of the "Baltimore Waterfront Study," an urban design plan for the
Fells Point and Canton waterfront areas prepared by Notter,
Finegold and Alexander Inc. in late 1988 as well as to expand the
urban renewal boundaries westerly to include that portion of the
Fells Point Urban Renewal Area which lies east of Chester Street

Ord. No. 414

and northerly to include several blocks in order to protect more
of the Canton neighborhood by providing land use regulations, by
recommending zoning district changes and by providing property
rehabilitation standards for certain historic community business
areas; and

WHEREAS, Pursuant to Article 13 of the Baltimore City Code
(1983 Replacement Volume, as amended) , no substantial change or
changes shall be made in any renewal plan, after approval by
ordinance, without such change or changes first being adopted and
approved in the same manner as set forth in said Article 13 for
the approval of a renewal plan, namely the preparation of such
change or changes by the Department of Housing and Community
Development, the approval of such change or changes by the
Director of the Department of Planning, and approval and adoption
by an ordinance of the Mayor and City Council of Baltimore after
a public hearing in relation thereto, all in the manner set forth
in said Article 13; and

WHEREAS, Said amended Urban Renewal Plan has been approved
by the Director of the Department of Planning with respect to its
conformity as to the Master Plan, the detailed location of any
public improvements proposed in the amended Renewal Plan, its
conformity to the rules and regulations for subdivisions, all
zoning changes proposed in the amended Renewal Plan; and said
amended Urban Renewal Plan has been approved and recommended to
the Mayor and City Council of Baltimore by the Commissioner of
the Department of Housing and Community Development; now,
therefore,

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That the amended Urban Renewal Plan for Canton
Waterfront, identified as "Urban Renewal Plan, Canton Waterfront
. . . revised to include Amendment No. 1, dated June 6, 1989,"
and further revised November 27. 1989. having been duly reviewed
and considered, is hereby approved and the Clerk of the City
Council is hereby directed to file a copy of said amended Urban
Renewal Plan with the Department of Legislative Reference as a
permanent public record and to make the same available for public
inspection and information.

SEC. 2. AND BE IT FURTHER ORDAINED, That the boundary of the
Canton Waterfront Urban Renewal Area shall be revised to expand
the boundary generally westerly and northerly; therefore, the
boundaries in Section 1 of Ordinance 80, dated June 5, 1984 shall
be revised by deleting lines 1 through 42 on page 3 in their
entirety and inserting the following language in lieu thereof:

Beginning for the same at the east side of S. Chester
Street the south side of Eastern Avenue; thence binding
on the south side of Eastern Avenue easterly to

Ord. No. 414

intersect the east side of S. Patterson Park Avenue;
thence binding on the east side of S. Patterson Park
Avenue southerly to intersect the north side of Foster
Avenue; thence binding on the north side of Foster
Avenue easterly to intersect the east side of S.
Montford Avenue; thence binding on the east side of S.
Montford Avenue southerly to intersect the north side
of Hudson Street; thence binding on the north side of
Hudson Street easterly to intersect the east side of S.
Lakewood Avenue; thence binding on the east side of S.
Lakewood Avenue southerly to intersect the north side
of Dillon Street; thence binding on the north side of
Dillon Street easterly to intersect the west side of
Binney Street; thence binding on the west side of
Binney Street southerly to intersect the north side of
O'Donnell Street; thence binding on the north side of
O'Donnell Sreeet westerly to intersect the east side of
S. Lakewood Avenue; thence binding on the east side of
S. Lakewood Avenue southerly to intersect the south
side of O'Donnell Street; thence binding on the south
side of O'Donnell Street easterly to intersect the west
side of S. Linwood Avenue; thence binding on the west
side of S. Linwood Avenue northerly to intersect the
north side of the first 10 foot alley north of
O'Donnell Street; thence binding on the north side of
said 10 foot alley easterly to intersect the east side
of S. Potomac Street; thence binding on the east side
of S. Potomac Street southerly to intersect the north
side of Elliott Street; thence binding on the north
side of Elliott Street easterly to intcroect the weot
side of S. — Bouldin CtroGt; — thence binding on the west
aide of S. — Bouldin Street northerly to intoraect the
north oidc of O'Donnell Street; thence binding on the
north side of O'Donnell Street easterly to intersect
the west side of G. — Conkling Street; — thence binding on
the west side of G, — Conkling Gtrcct southerly to
intersect the north side of Elliott Street; — thence
binding on the north side of Elliott Gtreet westerly to
intersect the west side of Baylis Street; — thence
binding on the west side of Baylis Gtreet southerly to
intersect the division line between Lots 12 Qnd 13/16,
Block 64Q2y — thence binding on said division line as
extended westerly to intersect the west side of the
first 10 foot alley; thence binding on the west side of
said alley northerly to intersect the division line
between Lots A, 3, 2, and 1 and Lot 13/16, Block G4Q2,
as extended westerly to intersect the west side of S.
Highland Avenue; thence binding on the west aide of G,
Highland Avenue southerly intersect the west side of S.
Robinson Street; thence binding on the west side of
Robinson Street southerly to intersect the south side

Ord. No. 414

of Toone Street; thence binding on the south side of
Toone Street easterly to intersect the west side of S.
Highland Avenue; thence to intersect the south side of
Boston Street; thence binding on the south side of
Boston Street westerly to intersect the west side of S.
Clinton Street; thence binding on the west side of S.
Clinton Street southerly to intersect the division line
between Lot 3, Block 1902-F and Lot 1/3, Block 1903;
thence binding on said division line westerly,
southwesterly, and southerly; thence continuing on said
division line as extended westerly a distance of 2,570
feet, more or less, to a point; thence northwesterly
from said point on a straight line a distance of 2,480
feet, more or less, to intersect a line formed by
extending the east side of S. Chester Street south from
the water's edge; thence binding on said line and the
east side of S. Chester Street northerly to the point
of beginning.

SEC. 3. AND BE IT FURTHER ORDAINED, That certain exhibits in
the Canton Waterfront Urban Renewal Plan shall be revised to
reflect the acquisition and disposition status of the properties
to be transferred from the Fells Point to the Canton Waterfront
Urban Renewal Areas, to make certain corrections and to designate
certain properties acquired and disposed of by the Department of
Housing and Community Development since the original Canton
Waterfront Urban Renewal Plan was approved in 1984 - all as
indicated on Exhibit 2, Property Acquisition and Exhibit 3, Land
Disposition, both exhibits dated as revised June 6, 1989.

SEC. 4. AND BE IT FURTHER ORDAINED, That the additional
objectives concerning a framework for development, marina spaces,
design guidelines, harbor views and pedestrian access to the
waterfront as contained in Section A. 2. entitled "Objectives and
Reasons for the Various Provisions of this Plan" of the amended
Urban Renewal Plan are hereby approved.

SEC. 5. AND BE IT FURTHER ORDAINED, That the revisions and
additions to land uses permitted in Canton Waterfront as
contained in Section B.l.of the amended Urban Renewal Plan
entitled "Permitted Land Uses" and as indicated on Exhibit 1,
Land Use Plan, dated as revised June 6, 1989 as further revised
on November 27. 1989 to reflect the deletion of Section
B. l.h. (c) . are hereby approved.

SEC. 6. AND BE IT FURTHER ORDAINED, That the height
restriction contained in Section B.l. of the Urban Renewal Plan
and in Section 14 of Ordinance 80, dated June 5, 1984, shall be
revised as follows:

[Non-Residential] Height Restriction

Ord. No. 414

[All non-residentially designated areas on the Land Use Plan
Map,] The height of new buildings or additions to existing
buildings in the project area shall not exceed [a maximum
building height of] 35 feet, with the exception of those
buildings in Areas 1 through 4A as designated on Exhibit A
where the height limitations in Appendix A - Waterfront Area
Controls - shall apply. However, this 35 foot height
restriction may be waived by the Commissioner of the
Department of Housing and Community Development, if deemed
appropriatef, after review of such development by the
community pursuant to Section C.4.c. of this Urban Renewal
Plant.

SEC. 7. AND BE IT FURTHER ORDAINED, That the additional
requirements on off-street parking applicable to all properties
within the area which are not to be acquired as contained in a
new Section B.2.b.(4) entitled "Off-Street Parking Requirements"
of the amended Urban Renewal Plan are hereby approved.

SEC. 8. AND BE IT FURTHER ORDAINED, That the revised
language contained in the amended Urban Renewal Plan under
Section C.6. entitled "Zoning" which clarifies the procedural
requirements of the Zoning Ordinance of Baltimore City is hereby
approved.

SEC. 9. AND BE IT FURTHER ORDAINED, That permits shall not
be issued for modifications to non-residential properties
fronting on the 2100 (odd and even sides) , the 2200 (even side) ,
and the 2300 (even side) blocks of Boston Street, the 2100 (even
side) block of Aliceanna Street, and the 2800 (odd side) and 2900
(odd and even sides) blocks of O'Donnell Street unless the
modifications conform to the standards described below.

Existing materials on building facades may remain until the
property owner chooses to alter the facade, or a portion thereof.
The standards listed below shall apply only to the portion of the
facade being altered. However, the Commissioner of the Department
of Housing and Community Development may waive compliance with
one or more of these standards if the proposed improvements do
not adversely affect the objectives for the Canton Waterfront
Urban Renewal Area.

1 . Building Facades

a. Building facades shall be cleaned, repointed,
repaired or replaced in a workmanlike manner to
match as closely as possible the original
materials and construction of the building;.

b. Cleaning of masonry facades by means of sandblasting
shall not be permitted, except where sandblasting is

Ord. No. 414

determined by the Commissioner of the Department of
Housing and Community Development to be the only
feasible means of surface cleaning and where, in the
Commissioner's opinion, it will not cause damage to
historic building materials.

c. Painted masonry walls shall have loose material
removed. If painted, a single color shall be used
except for trim (cornice, window frames, doors, etc.),
which may be of another color. Patched walls shall
match the existing adjacent surfaces as to material,
color, bond and pointing;

d. Original architectural appointments including, but not
limited to, lintels, sills, fascias, cornices, eaves,
dormers, chimneys, and original pitched roofs shall be
restored or replaced to match as closely as possible
the original patterns. All exposed wood shall be
painted or stained, or otherwise treated for
protection;

e. Enclosures or security grilles and screens should be as
inconspicuous as possible and compatible with other
elements of the facades;

f. Resurfacing of existing brick facades with materials
such as formstone, wood siding, structural glass
veneer, aluminum siding, etc. shall not be permitted.
When retained, painting of existing formstone facades
will be encouraged;

g. Existing miscellaneous elements on the building fronts
such as empty electrical or other conduits, unused sign
brackets, etc., shall be eliminated;

h. Side walls, where visible from a public street, shall
be finished or painted so as to harmonize with the
front of the building; and

i. Owners may retain, replace or repair existing formstone
facades on their buildings.

Windows

a. Original window and door openings shall be retained and
restored. Window styles are to be in conformance with
the original design of the window style for the
building facade;

b. Show windows, where existing on buildings used as
residences, shall be rehabilitated so as to be

Ord. No. 414

compatible with the original architectural character of
the structure;

c. Solid or permanently enclosed or covered storefronts
and windows shall not be permitted, except when
approved by the Fire Department and the Commissioner of
the Department of Housing and Community Development. In
such cases where approval has been obtained, sills,
lintels, and frames must be removed and the opening
closed to match the material, design and finish of the
adjacent wall;

d. Show windows, entrances, signs, lighting, security
grilles, etc. shall be compatible, harmonious and
consistent with the original scale and character of the
structure;

e. All screens and grilles protecting entrances and show
windows must be constructed so they can be fully opened
or removed. Such screens and grilles shall be opened or
removed during the normal business hours of that
business;

f . Enclosures and housing for security grilles and screens
shall be as inconspicuous as possible, and compatible
with other elements of the facade; and

g. No temporary or permanent sign affixed or placed
against the inside surface of a show window shall
exceed 2 0% of the area of that show window.

3. Signs

a. No billboards of any kind shall be permitted.

b. Roof top signs, signs above the parapet of the
building, flashing signs or moving signs, except barber
poles, shall not be permitted.

c. Flat signs placed parallel to the building face shall
not exceed two square feet of area for every linear
foot of frontage.

d. One projecting sign shall be permitted for each
establishment provided it is perpendicular to the
building face. No projecting sign shall exceed four
square feet in area and shall be placed no higher that
the bottom of the second story window where windows
exist - or 14 feet above grade level - whichever is
lower.

Ord. No. 414

e. A flat sign on the side and front of a building is

permitted provided that the total square footage of all
signs does not exceed 2 square feet of area for every
linear foot of frontage.

Landscaping

All land not covered by structures, paved parking, loading
or related service areas, paved areas for pedestrian
circulation, or decorative surface treatments shall be
provided with landscape treatment. Landscape treatment
encompasses the planting of any, all, or a combination of
the following: trees, shrubs, ground cover, grass, flowers.
The amount of landscaping should be determined by the nature
of the development and should serve to improve the utility
of the site, soften and relieve the effects of structure and
pavement, and provide visual harmony.

5. Easements

No buildings, structures or parking areas shall be
constructed over an easement within the project area without
the prior consent of the Commissioner of the Department of
Housing and Community Development and the Director of Public
Works .

6. Fences

Fences visible from any street must be brick, brick faced
block, board on board, picket or wrought iron.

7. Storage

a. No materials shall be stored or permitted to remain
outside buildings. No waste material, refuse, or
garbage shall be permitted to remain outside buildings
except as permitted by the Baltimore City regulations
regarding containers for garbage; the areas for such
containers shall be properly screened.

b. Outdoor storage areas and loading areas shall be
appropriately screened from all adjacent streets.
Appropriate screening shall include, but is not
necessarily limited to, solid and perforated masonry
walls, solid fences, trees and shrubs planted at
appropriate intervals, or a combination of these.

8 . Contemporary Elements

a. Antennae, air conditioning equipment, commercial

exhaust fans, grilles, and other contemporary elements
shall be inconspicuous as possible.

Ord. No. 414

b. Decks and satellite dishes (subject to approval by the
Board of Municipal and Zoning Appeals) shall be located
so that they are not visible from any public street.

c. Any mechanical equipment placed on a roof shall be
located and treated so as to be as inconspicuous as
possible.

SEC. 10. AND BE IT FURTHER ORDAINED, That the approval of
Amendment No. 1 to the Urban Renewal Plan for Canton Waterfront
shall not be construed as an enactment of the amendments to the
Zoning Ordinance whereby zoning district changes are recommended
for certain properties - all as shown in the amended Urban
Renewal Plan on Exhibit 4, Zoning Districts, dated as revised
June 6, 1989. and further revised on November 27. 1989 to reflect
the rezoninq of 2108 Boston Street from M-1 to B-2~4 and the
rezoninq of 2351-2439 Boston Street from B-2-3 to B-2-2.

SEC. 11. AND BE IT FURTHER ORDAINED, That the special
controls governing development along the waterfront regarding
pedestrian access, promenade standards, public access corridors,
and height restrictions as contained in a new appendix to the
Urban Renewal Plan entitled "Waterfront Area Controls" are hereby
approved—, as revised to include the following; ■

a. On page 12. line 19 after "promenade" insert "or
easement" ;

line 20. strike "developer" and substitute
"propertv owner" ;

line 31. after the period insert "The Commissioner
may extend the time for completion of the
Pedestrian Promenade or if it is deemed necessary
to do so for the health, safetv. and welfare of
the citizens."

line 50. before the period insert "or whose
presence in the promenade is deemed necessary by
the Commissioner"

on page 13. line 4. after the semi-colon insert:

"(c) where site conditions are such that the cost
of construction would be impractical"; strike
"(c)" and substitute "(d)".

b. On page 13. at the end of the Public Access
Corridors section, insert the following;

Ord. No. 414

" View Corridors, The following public streets.
Chester Street. Lakewood Avenue, and Potomac
Street, along with an area at the foot of the
Pagoda in Patterson Park to the flag at Fort
McHenry. shall be designated long view corridors.
New obstructions, such as balconies, bridges or
structures shall be permitted only with prior
approval of the Commissioner.";

c. On page 14. in the language concerning Area 3.
strike the phrase "a maximum of 60 feet" and
substitute 'a maximum height no higher than the
existing properties at 2351-2439 Boston Street'."

d. On page 13 in the language concerning Area 4A.
strike "not to exceed 200 feet in height" and
substitute "not to exceed 150 feet in height".

SEC. 12. AND BE IT FURTHER ORDAINED, That the architectural
guidelines for new development which have been incorporated into
a new appendix to the Urban Renewal Plan entitled "Architectural
Guidelines and Property Rehabilitation Standards" which also
contains the standards contained in Section 9 of this Ordinance
are hereby approved.

SEC. 13 AND BE IT FURTHER ORDAINED. That the following
changes are made to the Canton Waterfront Renewal Plan:

a^ On page 11. in Section C. TECHNIQUES USED TO

ACHIEVE PLAN OBJECTIVES 4.C. Community Review -
strike the existing language and substitute the
following:

The Department of Housing and Community
Development shall submit to all community
organizations in the Canton Waterfront Urban
Renewal Area, as listed in the Community
Association Directory published by the
Planning Department, for their review and comment
the form and content of all significant
development proposals within the Canton Waterfront
Urban Renewal Area. Significant development
proposals are those which:

1. propose new construction. 2. propose
substantial exterior renovation. 3. propose
changes to zoning districts or amendments to thi:
plan, or 4. all proposed demolition of any
structure except insignificant elements or
additions. The above community organizations
shall advise the Department of their

Ord. No. 414

recommendations regarding the acceptability
and/or priority of all plans and proposals. The
written comments by the community organizations
shall be transmitted to the Department of Housing
and Community Development no later then four (4)
weeks after the proposals and/or plans have been
submitted to the appropriate community
organizations; otherwise, it is presumed that the
proposals and/or plans are acceptable. VThere
public health and safety dictate, the Commissioner
may issue permits without regard to these
Community Review procedures. The Commissioner of
the Department of Housing and Community
Development retains final authority to approve or
disapprove all plans and to grant or withhold
development priorities, and to dispose of
redevelopment land through procedures established
by the Department of Housing and Community
Development.

b^ On page 11. in Section E. PROCEDURES FOR CHANGES
IN APPROVED PLANS 1. Submittal of Changes to the
Community - strike the existing language and
substitute the following: The Department of
Housing and Community Development shall submit to
the appropriate Canton Waterfront community
organizations as defined in paragraph C.4.C. above
for their review and comment, all proposed
amendments to the Urban Renewal Plan no later than
the time the proposed amendments are submitted to
the Director of Planning bv the Department of
Housing and Community Development. Any written
comments and recommendations by the community
organizations shall be transmitted to the
Department of Housing and Community Development no
later than four (4) weeks after the proposed
amendments have been submitted to the appropriate
community organizations. Prior to the passage of
any ordinance amending the Urban Renewal Plan, a
public hearing shall be held and the community
organizations shall receive written notice of the
time and place of such hearing at least ten (10)
days prior to such hearing.".

SEC. ^^-r 14^ AND BE IT FURTHER ORDAINED, That the following
revised and/or new Appendices and Exhibits are hereby approved:
Appendix A - Waterfront Area Controls and the accompanying
Exhibit A of the same title, Appendix B - Architectural
Guidelines and Property Rehabilitation Standards, Exhibit 1 -
Land Use Plan, Exhibit 2 - Property Acquisition, Exhibit 3 - Land
Disposition, and Exhibit 4 - Zoning Districts, all dated as
revised June 6, 1989. further revised on November 27. 1989.

Ord. No. 415

SEC. ^r^ 15^ AND BE IT FURTHER ORDAINED, That in whatever
respect, if any, the said amended Renewal Plan approved hereby
may not meet the requirements as to the content of a Renewal Plan
or the procedures for the preparation, adoption, and approval of
renewal plans, as provided in Article 13 of the Baltimore City
Code (1983 Replacement Volume, as amended), the said requirements
are hereby waived and the amended Renewal Plan approved hereby is
exempted therefrom.

SEC. i6^ 16^ AND BE IT FURTHER ORDAINED, That in the event
it be judicially determined that any word, phrase, clause,
sentence, paragraph, section or part in or of this Ordinance or
the application thereof to any person or circumstances is
invalid, the remaining provisions and the application of such
provisions to other persons or circumstances shall not be
affected thereby, the Mayor and City Council hereby declaring
that they would have ordained the remaining provisions of this
Ordinance without the word, phrase, clause, sentence, paragraph,
section or part or the application thereof so held invalid.

SEC. 9r6^ 17_^ AND BE IT FURTHER ORDAINED, That in any case
where a provision of this Ordinance concerns the same subject
matter as an existing provision of any zoning, building,
electrical, plumbing, health, fire, or safety ordinance or code
or regulation, the applicable provisions concerned shall be
construed so as to give effect to each; provided, however, that
if such provisions are found to be in irreconcilable conflict,
the provision which establishes the higher standard for the
promotion and protection of the public health and safety shall
prevail. In any case where a provision of this Ordinance is found
to be in conflict with an existing provision of any other
ordinance or code or regulation in force in the City of Baltimore
which establishes a lower standard for the public health and
safety, the provision of this Ordinance shall prevail, and the
other existing provision of such other ordinance or code or
regulation is hereby repealed to the extent that it may be found
in conflict with this Ordinance.

SEC. i^?-r 18_^ AND BE IT FURTHER ORDAINED, That this Ordinance
shall take effect on the date of its enactment.

Approved December 11, 1989

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 415

(Council Bill No. 737)

Ord. No. 416

AN ORDINANCE concerning

REZONING - 2701-2745 BOSTON STREET

FOR the purpose of changing the zoning for the properties known
as 2701-2745 Boston Street from the M-3 Zoning District to
the B-3-2 Zoning District, as outlined in red on the plats
accompanying this ordinance.

BY amending Zoning District Maps
Sheets No. 67 and 68
Article 30-Zoning
Baltimore City Code (1983 Replacement Volume, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That Sheets No. 67 and 68 of the Zoning District Maps
of Article 30 of the Baltimore City Code (1983 Replacement
Volume, as amended) title "Zoning" be and it is hereby amended by
changing from the M-3 Zoning District to the B-3-2 Zoning
District the properties on the southwest side of Boston Street,
southeast of S. Lakewood Avenue, known as 2701-2745 Boston
Street, as outlined in red on the plats accompanying this
ordinance.

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of
this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order to
give notice to the departments which are administering the Zoning
Ordinance, the President of the City Council shall sign the plat
and when the Mayor approves the ordinance, he shall sign the
plat. The Director of Finance shall then transmit a copy of the
ordinance and one of the plats to the following: the Board of
Municipal and Zoning Appeals, the Planning Commission, the
Commissioner of the Department of Housing and Community
Development and the Zoning Administrator.

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the 30th day, after the date of its
enactment.

Approved December 11, 1989

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE
ORDINANCE NO. 416
(Council Bill No. 639)
AN ORDINANCE concerning

Ord. No. 417

BUILDING CODE - RAZING OF STRUCTURES

FOR the purpose of prohibiting demolition operations within a
certain distance of residential areas dwellings between
certain hours; providing for a waiver an exemption under
certain circumstances by the Commissioner of the Department
of Housing and Community Development.

BY adding to

Article 32 - Building Code

Section 105.7

Baltimore City Building Code (1987 Edition, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That Section (s) of the Baltimore City Building Code
(1987 Edition, as amended) be added, repealed, or amended to read
as follows:

ARTICLE 32 - BUILDING CODE

Section 105.0 Razing of Structures

SECTION 105.7 STRUCTURES SHALL NOT BE RAZED BETWEEN THE
HOURS OF 7 P.M. AND 7 A.M. WITHIN 3 00 FEET OF RESIDENTIAL AREAS.
DWELLINGS. THE BUILDING OFFICIAL MAY WAIVE THE PROVISIONS OF THIS
SECTION FOR GOOD CAUSE. PROVIDED THAT "EMERGENCY" DEMOLITION
OPERATIONS AS DETERMINED BY THE BUILDING OFFICIAL ARE EXEMPT FROM
THESE PROVISIONS.

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the 30th day after the date of its
enactment.

Approved December 15, 1989

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 417

(Council Bill No. 640)

AN ORDINANCE concerning

BUILDING CODE - PILE DRIVING

FOR the purpose of prohibiting pile driving operations within a
certain distance of residential areas dwellings between
certain hours; providing for a waiver an exemption under
certain circumstances by the Commissioner of the Department
of Housing and Community Development.

Ord. No. 418

BY adding

Article 32 - Building Code

Section 1213.21

Baltimore City Building Code (1987 Edition, as amended)

ARTICLE 32 - BUILDING CODE

Article 12 - Foundation Systems and Retaining Walls

Section 1213.0 Pile Foundations

SECTION 1213.21 PILES SHALL NOT BE DRIVEN BETWEEN THE HOURS

OF 7 P.M. AND 7 A.M. WITHIN 300 FEET OF RESIDENTIAL AREAS. THE

DWELLINGS. BUILDING OFFICIAL MAY WAIVE THE PROVISIONS OF THIS
SECTION FOR GOOD CAUSE. PROVIDED THAT "EMERGENCY" PILE DRIVING
OPERATIONS AS DETERMINED BY THE BUILDING OFFICIAL ARE EXEMPT FROM
THESE PROVISIONS.

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the 30th day after the date of its
enactment.

Approved December 15, 1989

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 418

(Council Bill No. 644)

AN ORDINANCE concerning

ZONING - APPROVAL FOR CONDITIONAL USE
OPEN OFF-STREET PARKING LOT

FOR purpose of granting permission for the establishment,

maintenance and operation of an open off-street parking area
on the properties known as 202 South Paca Street, 501 and
511-517 West Pratt Street, as outlined in red on the plats
accompanying this ordinance and providing for the
termination of this ordinance.

BY authority of

Article 30 - Zoning

Ord. No. 419

Section(s) 6.4-ld and 11.0-6d

Baltimore City Code (1983 Replacement Volume, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That permission is hereby granted for the
establishment, maintenance and operation of an open off-street
parking area on the properties known as 202 South Paca Street,
501 and 511-517 West Pratt Street, as outlined in red on the
plats accompanying this ordinance, and to be constructed as shown
on the site plan dated 9/6/89. under the provisions of Section (s)
6.4-ld and 11.0-6d of Article 30 of the Baltimore City Code (1983
Replacement Volume, as amended) , title "Zoning" subject to the
condition that approved perimeter fencing will be installed
immediately.

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the 30th day after the date of its
enactment. It shall remain effective for the term of the current
lease and, at the end of April 30. 1992. and with no further
action required by the Mayor and City Council, this ordinance
shall be abrogated and of no further force and effect.

Approved December 15, 1989

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 419

(Council Bill No. 775)

AN ORDINANCE concerning

REPEAL OF RESERVED PARKING ORDINANCE

FOR the purpose of repealing Ordinance No. 375, approved

May 2, 1985, which provided for reserved handicap parking on
the east side of Washington Street, for William Burke.

Ord. No. 420

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That Ordinance No. 375, approved May 2, 1985, is
hereby repealed and the authorization for reserved handicap
parking on the east side of Washington Street north of Gough
Street therein provided, is hereby rescinded.

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Approved December 15, 1989

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 420

(Council Bill No. 699)

AN ORDINANCE concerning

RETIREMENT - EARLY RETIREMENT

FOR the purpose of clarifying restating the method of calculation
of retirement benefits for a Class C employee removed , on or
after July 1. 1985. from a regular permanent position of the
City without fault on the employee's part after the
acquisition of -S^ the required years of service but before
attaining the age of 65.

By repealing and reordaining with amendments
Article 22 - Retirement Systems
Subtitle - Employees' Retirement System
Section 9(f) (2b)
Baltimore City Code (1983 Replacement Volume, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That Section (s) of the Baltimore City Code (1983
Replacement Volume, as amended) be added, repealed, or amended,
to read as follows:

ARTICLE 22 - RETIREMENT SYSTEMS

Employees' Retirement System

9. Class C membership.

(f) Early retirement.

Ord. No. 421

(2b) Should a Class C member be removed from a regular
permanent position of the City without fault on his or her part
after the acquisition of 20 years of service (30 years of service
if removed before July 1. 1987). but has not attained the age of
65, such member shall be entitled to receive a retirement benefit
based on the actual years of service credit and equal to the
pension the member would receive if he or she had already
attained the age of 65, the normal retirement age. The
[reductions] REDUCTION contained in [Sections 9(f)(l)(ii) and]
SECTION 9(f)(l)(iii) of this subtitle shall not apply. IN
ADDITION, THE PRIMARY SOCIAL SECURITY BENEFIT WILL BE CALCULATED
ON THE ASSUMPTION THAT THE MEMBER WOULD HAVE NO EARNINGS AFTER
THE CALENDAR YEAR PRIOR TO THE YEAR OF RETIREMENT UNDER THIS
SECTION 9(F)(2), NOTWITHSTANDING THE PROVISIONS OF SECTIONS
9(F) (11(11) OR ANY OTHER PROVISION OF THIS SUBTITLE WHICH
PROVIDES FOR THE USE OF LEVEL FUTURE EARNINGS. THE AGSUMPTIOH
THAT THE EMPLOYEE HAG ATTAINED AGE 65 SHALL BE USED FOR ALL
CALCULATIONS OF THE RETIREMENT BENEFIT. However, any military
leave credit claim shall continue to be subject to the conditions
contained in Section 9(d)(2) of this subtitle.

Sec. 2. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect retroactively to July 1, — 1907 and shall apply
to employcGG retiring after July 1, — 1Q07 . on February 1. 1990.
subject to the following:

(a) The provisions of Section 9(f) f 2b) above shall apply to
all eligible members retiring on or after July 1, 1985 and their
beneficiaries ;

(b) Any increased benefit payments for any member affected
hereby shall apply to the first payment due after the effective
date of this ordinance, with no increase for any payments due
prior to the effective date;

(c) No variable benefit increases occurring prior to January
1991 shall be applied to the portion of any benefit attributable
to the increase provided by this ordinance.

Approved December 22, 1989

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE
ORDINANCE NO. 421
(Council Bill No. 731)
AN ORDINANCE concerning

Ord. No. 421

ZONING - AMENDMENT TO PLANNED
UNIT DEVELOPMENT - LIBERTY MEDICAL CENTER, INC.

FOR the purpose of approving the application of Liberty Medical
Center, Inc. to amend the Planned Unit Development approved
by Ordinance No. 604, approved April 15, 1982, and to
approve the amended Development Plan submitted by the
applicant.

BY authority of

Article 30-Zoning

Sections 12.0-1 and 12.0-2

Baltimore City Code (1983 Replacement Volume, as amended)

WHEREAS, Ordinance No. 604, approved April 15, 1982, enacted
a Planned Unit Development in accordance with Section 12.0-1 of
Article 30 of the Baltimore City Code (1983 Replacement Volume,
as amended) and approved the Development Plan submitted by
Provident Hospital, Inc. concerning property owned by Provident
Hospital, Inc. and lying generally northwest of the intersection
of Liberty Heights Avenue and Reisterstown Road in Baltimore
City, Maryland, consisting of 20.64 acres, more or less,
generally known as 2600 Liberty Heights Avenue, to have said real
property designated a Planned Unit Development; and

WHEREAS, In 1986 Provident Hospital and Lutheran Hospital
merged to become Liberty Medical Center, Inc. ; and

WHEREAS, Liberty Medical Center, Inc. wishes to amend the
Development Plan approved by Ordinance No. 604 to permit the
construction of a medical office building on the property
generally known as 2 600 Liberty Heights Avenue; and

WHEREAS, On August 14, 1989, representatives of Liberty
Medical Center, Inc. met with the Department of Planning to hold
a pre-petition conference to explain the scope and nature of the
proposed amendment to the Development Plan;

WHEREAS, Together herewith, Liberty Medical Center, Inc. has
made formal application to the City Council of Baltimore and has
submitted an amendment to its Development Plan originally
approved by Ordinance No. 604, and intended to satisfy the
requirements specified in Sections 12.0-1 and 12.0-2 of the
Baltimore City Code (1983 Replacement Volume, as amended); now,
therefore,

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That the application of Liberty Medical Center, Inc.,
as outlined in the amended Development Plan accompanying this
Ordinance, to amend the Planned Unit Development approved by
Ordinance No. 604, approved April 15, 1982, pursuant to Article

Ord. No. 422

30, Sections 12.0-1 and 12.0-2 of the Baltimore City Code (1983
Replacement Volume, as amended) , be and it is hereby approved.

SEC. 2. AND BE IT FURTHER ORDAINED, That the amended
Development Plan submitted by Liberty Medical Center, Inc.
prepared by Universal Medical Buildings, consisting of Exhibit 1,
Existing Plan, Exhibit 2, Proposed Plan, Exhibit 3, Landscape
Plan, Exhibit 4, Site Grading Plan, Exhibit 5, Site Utility Plan,
Exhibit 6, Floor Plan of the proposed office building. Exhibit 7,
Elevation Plan, each dated August 14, 1989, attached hereto and
made a part hereof, be and it is hereby approved.

SEC. 3. AND BE IT FURTHER ORDAINED, That upon passage of
this Ordinance by the City Council, as evidence of the
authenticity of the amended Development Plan which is a part
hereof and in order to give notice to the departments which are
administering the Zoning Ordinance, the President of the City
Council shall sign the Amended Development Plan, and when the
Mayor approves the Ordinance, he shall sign the amended
Development Plan. The Director of Finance shall then transmit a
copy of the Ordinance and the amended Development Plan to the
Board of Municipal and Zoning Appeals, the Planning Commission,
the Supervisor of Assessments for Baltimore City and the Zoning
Administrator .

SEC. 4. AND BE IT FURTHER ORDAINED, That this Ordinance
shall take effect on the date of its enactment.

Approved December 22, 1989

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 4 22

(Council Bill No. 774)

AN ORDINANCE concerning

SUPPLEMENTARY MOTOR VEHICLE FUND OPERATING APPROPRIATION -
MAYORALTY RELATED: B/E DEBT SERVICE

FOR the purpose of providing a supplementary Motor Vehicle Fund
operating appropriation in the amount of Four Million Nine
Hundred Forty Thousand Dollars ($4,940,000) to the
Mayoralty-Related: B/E Debt Service (Program 123 - General
Debt Service) to be used to meet debt service obligations.

By authority of

Article VI - Board of Estimates

Ord. No. 422

Section 2 (h) (3)

Baltimore City Charter (1964 Revision, as amended)

WHEREAS, The money appropriated herein represents revenue
available from interest earnings in the Motor Vehicle Fund in
excess of the amounts from these sources estimated and relied
upon by the Board of Estimates in determining the tax levy
required to balance the budget for the 1990 fiscal year, and said
money is therefore available for appropriation to the Mayoralty-
Related: B/E Debt Service pursuant to the provisions of Article
VI, Section 2(h)(3) of the Baltimore City Charter (1964 Revision
as amended; and

WHEREAS, The additional sum here appropriated is for a
program included in the current Ordinance of Estimates and is
made necessary by a material change in circumstances since the
formulation and adoption of such Ordinance, in accordance with
Article VI, Section 2(h)(3) of said Charter; and

WHEREAS, This supplementary Motor Vehicle Fund operating
appropriation has been recommended to the City Council by the
Board of Estimates at a regular meeting of the Board held on the
eleventh day of October, 1989, all in accordance with Article VI,
Section 2(h)(3) of the Baltimore City Charter (1964 Revision as
amended) .

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That under the provisions of Article VI, Section
2(h)(3) of the 1964 Revision of the Charter of Baltimore City,
the sum of Four Million Nine Hundred Forty Thousand Dollars
($4,940,000) shall be made available to the Mayoralty-Related:
B/E Debt Service (Program 123 - General Debt Service) as a
supplementary Motor Vehicle Fund operating appropriation for the
fiscal year ending June 30, 1990 to meet debt service obligations
which could not reasonably be anticipated at the time of
formulation of the proposed fiscal 1990 Ordinance of Estimates.
The amount thus made available as a supplementary Motor Vehicle
Fund operating appropriation shall be expended from revenue
available from interest earnings in the Motor Vehicle Fund in
excess of the amounts from this source which was estimated or
relied upon by the Board of Estimates in determining the tax levy
required to balance the budget for the 1990 fiscal year; and said
funds from said interest earnings in the Motor Vehicle Fund shall
be the source of revenue for this supplementary Motor Vehicle
Fund operating appropriation as required by Article VI, Section
2(h)(3) of the Baltimore City Charter (1964 Revision as amended).

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Ord. No. 423

Approved December 22, 1989

KURT L. SCHMOKE, Mayor

ENROLLED

CITY OF BALTIMORE

ORDINANCE NO. 423

(Council Bill No. 446)

AN ORDINANCE concerning

DISCRIMINATORY PRACTICES

FOR the purpose of prohibiting certain discriminatory practices
against persons because of marital status, prohibiting
certain discriminatory acts related to housing, expanding
the compensatory damages which may be awarded, af^ requiring
certain violations to be reported to the Maryland Real
Estate Commission, and providing a civil penalty.

BY adding to

Article 4 - Community Relations

Sections 9f7A) . 9(17), 9(18), 9(19), 9(20) . 9(21) . 13A,

19(f), 19(g) , 19(h) , *^fet

Baltimore City Code (1983 Replacement Volume, as amended)

By repealing and reordaining with amendments
Article 4 - Community Relations
Sections 8, 9(1), 9(6), 9(14) . 9(15) . 10, 11, 12(6), 13(3),

14, 19(d) . 20
Baltimore City Code (1983 Replacement Volume, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That Section (s) of the Baltimore City Code (1983
Replacement Volume) be added, repealed, or amended, to read as
follows:

ARTICLE 4 - COMMUNITY RELATIONS

BALTIMORE COMMUNITY RELATIONS COMMISSION

8. Declaration of policy and findings of fact.

The Mayor and City Council of Baltimore find that:

Ord. No. 42 3

The population of Baltimore is composed of persons having
differing racial, religious and ethnic backgrounds.

Discrimination in the fields of education and preliminary
job training and other prevailing conditions and causes have
precluded members of certain ethnic, sex or age groups, and
persons with physical or mental disability from acquiring,
developing and maintaining essential educational, vocational,
cultural, and professional background and efficiency for entrance
into, and the earning of a livelihood, in many fields of
endeavor. Members of these groups who are qualified are not given
fair, equal and impartial employment opportunities. Such
prevention from earning an income necessary to maintain normal
and decent living standards has retarded community progress and
increased public relief rolls.

Discrimination in health and welfare services imposes
unnecessary individual and community hardships and has actually
resulted in denial to members of such groups of care, attention
and service essential to maintenance of their physical and
emotional well-being.

The practice by places of public accommodation, resort or
amusement of refusing to accommodate and serve members of groups
tends to impose hardship upon the members of these groups and
also tends to cause and intensify inter-group tension.

Discrimination against women in the fields of education,
preliminary job training, health and welfare services and
employment opportunities, and the refusal of service in places of
public accommodations, resort or amusement imposes a social
hardship upon women and penalizes the society in that women
cannot make maximum use of their skills and abilities to enrich
the world around them.

Arbitrary age discrimination in employment prevents many of
our citizens from working at jobs for which they are qualified
and forces others who are willing and able to work into
involuntary retirement. These workers are denied the opportunity
of working in their chosen fields and are often forced to accept
support from society through unemployment insurance and relief
payments.

It is estimated that over 11 percent of the working age
population in the Baltimore area has a physical or mental
disability which limits the kind of work such persons can do.
The law should protect their right to have an equal chance to
perform in the jobs for which they are suited and to be educated
for such employment. Places of public accommodation, resort and
amusement as well as health and welfare agencies and educational

Ord. No. 423

institutions should make available their facilities and programs
to persons having physical and mental disabilities.

DISCRIMINATION IN THE SALE AND RENTAL OF HOUSING
ACCOMMODATIONS IMPOSES SOCIAL AND FINANCIAL HARDSHIP. FREE EQUAL
ACCESS TO HOUSING IS FUNDAMENTAL TO THE EXERCISE OF BASIC RIGHTS
AND TO THE ENJOYMENT OF MANY OTHER LIBERTIES AND OPPORTUNITIES
AND SHOULD BE AVAILABLE TO ALL MEMBERS OF OUR COMMUNITY.

Discrimination because of sexual orientation produces untold
anxieties, mental anguish and human suffering, not only in the
victims of discrimination themselves, but also among their
families.

Legislation is necessary in the public interest to avoid
permanent adverse effects upon the development, growth and
renewal of the City of Baltimore.

Therefore, the Mayor and City Council of Baltimore deem it
necessary and expedient to promote and protect the public welfare
by enacting this subtitle to prevent and eliminate discrimination"
by the persons and in the areas herein defined.

9. Definitions.

The terms hereinafter set forth, wherever used in this
subtitle, are defined as follows:

(1) Person means an association, partnership, or
corporation, as well as a natural person, whether male or female.
The term "person" as applied to partnerships or other
associations includes their members, and as applied to
corporations includes their officers. THE TERM "PERSON" ALSO
MEANS AN AGENT OF ANY PERSON.

(6) Discrimination means any difference in the treatment of
an individual or person because of race, color, religion,
national origin, ancestry, sex, MARITAL STATUS, physical or
mental disability or sexual orientation and shall include
segregation; except that it shall not be discrimination for any
religious or denominational institution to devote its facilities,
exclusively or primarily, to or for members of its own religion
or denomination or to give preference to such members or to make
such selection as is calculated by such institution to promote
the religious principles for which it is established or
maintained; nor shall it be discrimination for an employer to
disqualify a person with a physical or mental disability when the
nature or extent of the disability makes the person unfit or
unsuited for the job; nor shall it be discrimination for an
educational institution to restrict its student body and student
activities to one sex or the other, neither shall it be

Ord. No. 42 3

discrimination for an educational institution to provide special
educational or recreational programs for individuals with a
physical or mental disability; excepting further, it shall not be
discrimination for any person to provide separate toilet
facilities for males and females. This definition also applies
to the verb "to discriminate" and to the adjective
"discriminatory" as used herein.

fVA) "AGE". AS USED IN SECTION 13A. OF THIS ARTICLE. MEANS
THE "AGE OF MAJORITY". AND REFERS TO ANYONE WHO HAS ATTAINED THE
AGE OF EIGHTEEN YEARS.

(14) "Physical disability" means any physical condition,
infirmity, malformation or disfigurement which is caused by
bodily injury, birth defect, trauma, or illness, including
epilepsy, which shall include, but not be limited to any degree
of paralysis, amputation, lack of physical coordination,
blindness or visual impairment, deafness or hearing impairment,
muteness or speech impairment or disorder or physical reliance on
a seeing eye dog, wheelchair, or any other remedial appliance,
device or medication. AND INCLUDES A RECORD OF HAVING SUCH A
DISABILITY OR BEING REGARDED AS HAVING SUCH A DISABILITY. BUT
SUCH TERM DOES NOT INCLUDE CURRENT. ILLEGAL USE OF OR ADDICTION
TO A CONTROLLED SUBSTANCE (AS DEFINED IN SECTION 102 OF THE
CONTROLLED SUBSTANCES ACT (21 U.S.C. 8 02)).

(15) "Mental disability" means the existence of. or history
of. an emotional or intellectual disorder, as defined by
psychiatrists, which reguires special educational or
psychotherapeutic services. AND INCLUDES BEING REGARDED AS HAVING
SUCH AN IMPAIRMENT. BUT SUCH TERM DOES NOT INCLUDE

CURRENT. ILLEGAL USE OF OR ADDICTION TO A CONTROLLED SUBSTANCE
(AS DEFINED IN SECTION 102 OF THE CONTROLLED SUBSTANCE ACT (21
U.S.C. 802)). but shall not include a judicial determination of
disability.

(17) "DWELLING" MEANS ANY BUILDING, STRUCTURE, OR PORTION
THEREOF WHICH IS OCCUPIED AS, OR DESIGNED OR INTENDED FOR
OCCUPANCY AS A RESIDENCE BY ONE OR MORE FAMILIES, AND ANY VACANT
LAND WHICH IS OFFERED FOR SALE OR LEASE FOR THE CONSTRUCTION OR
LOCATION THEREON OF ANY SUCH BUILDING, STRUCTURE, OR PORTION
THEREOF.

(18) "FAMILY" INCLUDES A SINGLE INDIVIDUAL.

(19) "FAMILIAL STATUS" MEANS ONE OR MORE INDIVIDUALS (WHO
HAVE NOT ATTAINED THE AGE OF 18 YEARS) BEING DOMICILED WITH —

(1) A PARENT OR ANOTHER PERSON HAVING CUSTODY OF SUCH
INDIVIDUAL OR INDIVIDUALS; OR

Ord. No. 423

(2) THE DESIGNEE OF SUCH PARENT OR OTHER PERSON HAVING
SUCH CUSTODY. WITH THE WRITTEN PERMISSION OF SUCH PARENT OR OTHER
PERSON.

THE PROTECTIONS AFFORDED AGAINST DISCRIMINATION ON THE
BASIS OF FAMILIAL STATUS SHALL APPLY TO ANY PERSON WHO IS
PREGNANT OR IS IN THE PROCESS OF SECURING LEGAL CUSTODY OF ANY
INDIVIDUAL WHO HAS NOT ATTAINED THE AGE OF 18 YEARS.

{i9- 20) "TO RENT" INCLUDES TO LEASE, TO SUBLEASE, TO LET OR
OTHERWISE TO GRANT FOR A CONSIDERATION THE RIGHT TO OCCUPY
PREMISES NOT OWNED BY THE OCCUPANT.

(21) "RESTRICTIVE COVENANT" MEANS ANY SPECIFICATION LIMITING
THE TRANSFER. RENTAL. OR LEASE OF ANY DWELLING BECAUSE OF RACE.
COLOR. RELIGION. MARITAL STATUS. SEX. NATIONAL ORIGIN. ANCESTRY.
AGE. SEXUAL ORIENTATION. FAMILIAL STATUS. OR PHYSICAL OR MENTAL
DISABILITY.

10. Unlawful employment practices.

Except where a particular occupation or position reasonably
requires, as an essential qualification thereof, the employment
of a person or persons of a particular race, color, religion,
national origin, ancestry, sex, age, or physical or mental
capability, MARITAL STATUS and/or sexual orientation OR MARITAL
STATUS and such qualification is not adopted as a means of
circumventing the purpose of this subtitle, it shall be an
unlawful EMPLOYMENT practice:

(1) For any employer to discriminate against an
individual with respect to hire, tenure, promotion, terms,
conditions, or privileges of employment or any matter directly or
indirectly related to employment;

(2) For any employer, employment agency or labor
organization to practice discrimination by denying or limiting
through a quota system or otherwise, employment or membership
opportunities to any group or individual;

(3) For any employer, employment agency or labor J
organization prior to employment or admission to membership to: I

(i) Make any inquiry concerning, or record, the race,
color, religion, national origin, ancestry, [or] sexual
orientation, OR MARITAL STATUS of any applicant for employment or
membership except when authorized or ordered by the Commission;

(ii) Use any form of application for employment of
personnel or membership blank containing questions or entries
regarding race, color, religion, national origin, ancestry^ [or]

Ord. No. 423

sexual orientation, OR MARITAL STATUS except when authorized or
ordered by the Commission;

(iii) Cause to be printed, published or circulated any
notice or advertisement relating to employment or membership
indicating any preference, limitation, specification or
discrimination based upon race, color, religion, national origin,
ancestry, sex, age, [or] sexual orientation, OR MARITAL STATUS.

(4) For any employment agency to practice discrimination by
failing or refusing properly to classify an individual or to
refer him for employment;

(5) For any labor organization to discriminate against any
individual, by limiting, segregating, or classifying its
membership in any way which would deprive or tend to deprive such
individual of employment opportunities or would limit his
employment opportunities or otherwise adversely affect his status
as an employee or as an applicant for employment or would affect
adversely his wages, hours, or employment conditions;

[(6) For any employer, employment agency, or labor
organization to penalize or discriminate in any manner against
any individual because he has opposed any practice forbidden by
this subtitle or because he has made a complaint, testified, or
assisted in any manner in any investigation, proceeding, or
hearing hereunder;]

[7] (6) For any labor organization or employers' association
established for the purpose of training apprentice candidates,
acting individually or jointly, to discriminate against any
person with respect to admission or membership, or with respect
to terms, conditions of employment or training, placement, or any
other benefits;

[8] (7) For any employer, employment agency, or labor
organization to discriminate against any individual because he
has sought psychiatric help.

11. Unlawful practices; place of public accommodation, etc.

It shall be an unlawful practice for any person, including
any owner, lessee, proprietor, superintendent, manager, agent, or
employee of a place of public accommodation, resort, or amusement
to:

(1) Discriminate against any person by directly or
indirectly withholding from or denying to such person any of the
services, advantages, facilities, or privileges offered by such
place or public accommodation, resort, or amusement;

Ord. No. 423

(2) Discriminate against any person, in the setting of rates
or charges for any of the services, advantages, facilities, or
privileges offered by such place of public accommodation, resort,
or amusement;

(3) Communicate, publish, advertise, or represent that any
services, advantages, facilities, or privileges or such place of
public accommodation, resort or amusement will be refused,
withheld, or denied to any persons on account of race, color,
religion, national origin, ancestry, sex, physical or mental
disability, [or] sexual orientation, OR MARITAL STATUS, or that
the patronage or custom of any person belonging to or purporting
to be of any particular race, color, religion, national origin,
ancestry, sex, sexual orientation, MARITAL STATUS, or possessing
any physical or mental disability, is unwelcome, objectionable,
or not acceptable, desired, or solicited.

12. Same; educational institutions.

It shall be an unlawful educational practice for any person
or any educational institution, or any owner, superintendent,
teacher, professor, manager, trustee, or officer thereof to:

(6) Communicate, publish, advertise, or represent that any
of the courses, services, programs, facilities, lectures,
affairs, or privileges are withheld from, or denied to, any
person on a discriminatory basis, or that any person is
unwelcome, objectionable, or unacceptable because of race, color,
religion, national origin, ancestry, sex, physical or mental
disability, [or] sexual orientation, or MARITAL STATUS.

13. Same; health and welfare agencies.

It shall be an unlawful practice for any health and welfare
agency, or owner, supervisor, staff person, director, manager, or
officer thereof to:

(3) Communicate, publish, advertise or represent that any of
the services, programs, benefits, facilities or privileges of any
health or welfare agency are withheld from or denied to any
person on a discriminatory basis, or that the patronage of any
person is unwelcome, objectionable, or unacceptable because of
race, color, religion, national origin, ancestry, sex, physical
or mental disability, [or] sexual orientation, OR MARITAL STATUS.

13A. UNLAWFUL HOUSING PRACTICES; EXCEPTIONS.

(1) IT SHALL BE AN UNLAWFUL DISCRIMINATORY HOUSING PRACTICE,
BECAUSE OF RACE, COLOR, RELIGION, SEX, AGE, NATIONAL ORIGIN,
ANCESTRY, MARITAL STATUS, FAMILIAL STATUS. SEXUAL ORIENTATION, OP
PHYSICAL OR MENTAL DISABILITY, FOR ANY PERSON HAVING THE RIGHT TC

Ord. No. 42 3

SELL, RENT, LEASE, CONTROL, CONSTRUCT OR MANAGE ANY DWELLING
CONSTRUCTED OR TO BE CONSTRUCTED, OR ANY EMPLOYEE OF SUCH PERSON:

(A) TO REFUSE TO NEGOTIATE FOR THE SALE OR RENTAL OR TO
REFUSE TO SELL OR RENT OR OTHERWISE DENY TO OR WITHHOLD ANY
DWELLING FROM ANY PERSON;

(B) TO DISCRIMINATE AGAINST ANY PERSON IN THE TERMS,
CONDITIONS OR PRIVILEGES OF THE SALE OR RENTAL OF ANY DWELLING OR
IN THE FURNISHING OF FACILITIES OR SERVICES IN CONNECTION
THEREWITH;

(D) TO MAKE, PRINT OR PUBLISH, OR CAUSE TO BE MADE,
PRINTED, OR PUBLISHED, ANY NOTICE, STATEMENT OR ADVERTISEMENT,
WITH RESPECT TO THE SALE OR RENTAL OF A DWELLING, THAT INDICATES
ANY PREFERENCE, LIMITATION OR DISCRIMINATION, OR ANY INTENTION TO
MAKE ANY SUCH PREFERENCE, LIMITATION OR DISCRIMINATION;

(E) TO REPRESENT TO ANY PERSON THAT ANY DWELLING IS NOT
AVAILABLE FOR INSPECTION, SALE OR RENTAL WHEN SUCH DWELLING IS IN
FACT SO AVAILABLE;

(F) TO DENY A>JY DISCRIMINATE IN ALLOWING OR DISALLOWING
A PERSON ACCESS TO OR MEMBERSHIP OR PARTICIPATION IN ANY MULTIPLE
LISTING SERVICE, REAL ESTATE BROKER'S ORGANIZATION OR OTHER
SERVICE, ORGANIZATION OR FACILITY RELATING TO THE BUSINESS OF
SELLING OR RENTING DWELLINGS, OR TO DISCRIMINATE IN THE TERMS OR
CONDITIONS OF SUCH ACCESS, MEMBERSHIP, OR PARTICIPATION;

(G) TO INCLUDE IN ANY TRANSFER, SALE, OR RENTAL OF
HOUSING ANY RESTRICTIVE COVENANT THAT DISCRIMINATES; OR FOR ANY
PERSON TO HONOR OR EXERCISE, OR ATTEMPT TO HONOR OR EXERCISE ANY
DISCRIMINATORY COVENANT PERTAINING TO HOUSING;

(H) TO REFUGE TO CONSIDER DOTH ArrLICA>JTG' INCOME WHEN
BOTH PARTIES TO A MARRIAGE SEEK TO BUY OR RENT A>JY DWELLING;

fH) TO REFUSE TO CONSIDER TWO OR MORE APPLICANTS'
INCOMES WHEN THEY SEEK TO BUY OR RENT A DWELLING OR DWELLING
UNIT.

(I) TO REFUSE TO CONSIDER ALIMONY OR CHILD SUPPORT
AWARDED BY A COURT AND RECEIVED BY AN APPLICANT AS A VALID SOURCE
OF INCOME, WHEN THAT SOURCE CAN BE VERIFIED AS TO ITS AMOUNT,
LENGTH OF TIME RECEIVED, AND REGULARITY OF RECEIPT;

(J) TO REQUEST OR CONSIDER INFORMATION ABOUT BIRTH
CONTROL PRACTICES IN EVALUATING ANY PROSPECTIVE BUYER OR LESSEE
OF A DWELLING.

Ord. No. 423

(K) (I) TO DISCRIMINATE IN THE SALE OR RENTAL OF. OR TO
OTHERWISE MAKE UNAVAILABLE OR DENY. A DWELLING TO ANY BUYER OR
RENTER BECAUSE OF A HAHBi^M' MENTAL OR PHYSICAL DISABILITY OF—

(A) THAT BUYER OR RENTER;

(B) A PERSON RESIDING IN OR INTENDING TO RESIDE IN
THAT DWELLING AFTER IT IS SO SOLD. RENTED. OR MADE AVAILABLE; OR

fll) TO DISCRIMINATE AGAINST ANY PERSON IN THE TERMS.
CONDITIONS. OR PRIVILEGES OF SALE OR RENTAL OF A DWELLING. OR IN
THE PROVISION OF SERVICES OR FACILITIES IN CONNECTION WITH SUCH
DWELLING, BECAUSE OF A HANDICAP MENTAL OR PHYSICAL DISABILITY OF-

(A) THAT PERSON; OR

(B) A PERSON RESIDING IN OR INTENDING TO RESIDE IN
THAT DWELLING AFTER IT IS SO SOLD. RENTED. OR MADE AVAILABLE; OR

(Ill) FOR PURPOSES OF THIS SUBSECTION. DISCRIMINATION
INCLUDES—

(A) A REFUSAL TO PERMIT. AT THE EXPENSE OF THE
HANDICAPPED PERSON. REASONABLE MODIFICATIONS OF EXISTING PREMISES
OCCUPIED OR TO BE OCCUPIED BY SUCH PERSON IF SUCH MODIFICATIONS
MAY BE NECESSARY TO AFFORD SUCH PERSON FULL ENJOYMENT OF THE
PREMISES. EXCEPT THAT. IN THE CASE OF A RENTAL. THE LANDLORD MAY
WHERE IT IS REASONABLE TO DO SO CONDITION PERMISSION FOR A
MODIFICATION ON THE RENTER AGREEING TO RESTORE THE INTERIOR OF
THE PREMISES TO THE CONDITION THAT EXISTED BEFORE THE
MODIFICATION. REASONABLE WEAR AND TEAR EXCEPTED.

(B) A REFUSAL TO MAKE REASONABLE ACCOMMODATIONS IN
RULES. POLICIES. PRACTICES. OR SERVICES. WHEN SUCH ACCOMMODATIONS
MAY BE NECESSARY TO AFFORD SUCH PERSON EQUAL OPPORTUNITY TO USE
AND ENJOY A DWELLING; OR

(C) IN CONNECTION WITH THE DESIGN AND CONSTRUCTION
OF COVERED MULTIFAMILY DWELLINGS FOR FIRST OCCUPANCY AFTER THE
DATE THAT IS 3 0 MONTHS AFTER THE DATE OF ENACTMENT OF THE FAIR
HOUSING AMENDMENTS ACT OF 1988. A FAILURE TO DESIGN AND CONSTRUCT
THOSE DWELLINGS IN SUCH A MANNER THAT —

(I) THE PUBLIC USE AND COMMON USE PORTIONS OF
SUCH DWELLINGS ARE READILY ACCESSIBLE TO AND USABLE BY
HANDICAPPED PERSONS;

Ord. No. 423

(ID ALL THE DOORS DESIGNED TO ALLOW PASSAGE
INTO AND WITHIN ALL PREMISES WITHIN SUCH DWELLINGS ARE
SUFFICIENTLY WIDE TO ALLOW PASSAGE BY HANDICAPPED PERSONS IN
WHEELCHAIRS; AND

(III) ALL PREMISES WITHIN SUCH DWELLINGS
CONTAIN THE FOLLOWING FEATURES OF ADAPTIVE DESIGN;

A. AN ACCESSIBLE ROUTE INTO AND THROUGH
THE DWELLING;

B. LIGHT SWITCHES. ELECTRICAL OUTLETS.
THERMOSTATS. AND OTHER ENVIRONMENTAL CONTROLS IN ACCESSIBLE
LOCATIONS;

C. REINFORCEMENTS IN BATHROOM WALLS TO
ALLOW LATER INSTALLATION OF GRAB BARS; AND

D. USABLE KITCHENS AND BATHROOMS SUCH
THAT AN INDIVIDUAL IN A WHEELCHAIR CAN MANEUVER ABOUT THE SPACE.

(IV) AS USED IN THIS SUBSECTION. THE TERM
"COVERED MULTIFAMILY DWELLINGS" MEANS—

(A) BUILDINGS CONSISTING OF 4 OR MORE
UNITS IF SUCH BUILDINGS HAVE ONE OR MORE ELEVATORS; AND

(B) GROUND FLOOR UNITS IN OTHER
BUILDINGS CONSISTING OF 4 OR MORE UNITS.

(V) NOTHING liJ THIS SUBSECTION REOUIRES THAT
A DWELLING BE MADE AVAILABLE TO AN INDIVIDUAL WHOSE TENANCY WOULD
CONSTITUTE A DIRECT THREAT TO THE HEALTH OR SAFETY OF OTHER
INDIVIDUALS OR WHOSE TENANCY WOULD RESULT IN SUBSTANTIAL PHYSICAL
DAMAGE TO THE PROPERTY OF OTHERS.

(2) UNLAWFUL INSURING PRACTICES.

IT IS AN UNLAWFUL INSURING PRACTICE FOR ANY PERSON TO
REFUSE TO ENTER INTO, OR TO DISCRIMINATE IN THE TERMS,
CONDITIONS, OR PRIVILEGES OF, A CONTRACT OF INSURANCE AGAINST
HAZARDS TO A DWELLING BECAUSE OF THE RACE, COLOR, RELIGION, SEX,
AGE, NATIONAL ORIGIN, MARITAL STATUS, FAMILIAL STATUS. ANCESTRY,
SEXUAL ORIENTATION, PHYSICAL OR MENTAL DISABILITY OF ANY PERSON
OWNING OR RESIDING IN OR ANY PERSON RESIDING IN THE VICINITY OF
THE DWELLING.

(3) UNLAWFUL FINANCING PRACTICES.

IT IS AN UNLAWFUL FINANCIAL PRACTICE FOR ANY PERSON:

(A) TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE,
COLOR, RELIGION, SEX, AGE, NATIONAL ORIGIN, MARITAL STATUS,

Ord. No. 423

FAMILIAL STATUS. ANCESTRY, SEXUAL ORIENTATION, PHYSICAL OR MENTAL
DISABILITY IN CONNECTION WITH AN APPLICATION FOR FINANCIAL
ASSISTANCE FOR THE PURCHASE. CONSTRUCTION. IMPROVEMENT. REPAIR.
OR MAINTENANCE OF A DWELLING, OR FOR FINANCIAL ASSISTANCE SECURED
BY RESIDENTIAL REAL ESTATE. INCLUDING BUT NOT LIMITED TO RATES,
TERMS, CONDITIONS, PRIVILEGES OR OTHER PROVISIONS OF FINANCIAL
ASSISTANCE OR IN THE EXTENSION OF SERVICES IN CONNECTION
THEREWITH; OR

(B) TO USE A FORM OF APPLICATION FOR FINANCIAL
ASSISTANCE FOR THE PURCHASE. CONSTRUCTION. IMPROVEMENT. REPAIR.
OR MAINTENANCE OF A DWELLING. OR FOR FINANCIAL ASSISTANCE SECURED
BY RESIDENTIAL REAL ESTATE. OR TO MAKE INQUIRY OR KEEP A RECORD
IN CONNECTION THERETO WHICH INDICATES, DIRECTLY OR INDIRECTLY,
DISCRIMINATION; OR,

(C) TO DISCRIMINATE BY REFUSING TO GIVE FULL
RECOGNITION TO THE INCOME OF EACH APPLICANT, THE TOTAL INCOME AND
EXPENSES OF ALL APPLICANTS WHO BECOME OR ARE PREPARED TO BECOME
JOINT OBLIGORS FOR THE PURCHASE OF A DWELLING; OR

(D) TO REFUSE TO CONSIDER ALIMONY OR CHILD SUPPORT
AWARDED BY A COURT AND RECEIVED BY AN APPLICANT AS A VALID SOURCE
OF INCOME, WHEN THAT SOURCE CAN BE VERIFIED AS TO ITS AMOUNT,
LENGTH OF TIME RECEIVED, AND REGULARITY OF RECEIPT; OR

(E) TO DENY A>fY PERSON ACCEGS TO OR HEMBERGHIP OR
PARTICIPATION IN ANY MULTIPLE LISTING EiERVICE, REAL ESTATE
BROKER'S ORGMflBATION OR OTHER SERVICE ORGAtJIBATION OR FACILITY
RELATING TO THE BUSINESS OF SELLING OR RENTING DWELLINGS, OR TO
DISCRIMINATE AGAINST ANY PERSON IN THE TERMS OR CONDITIONS OF
SUCH ACCESS, MEMBERSHIP, OR PARTICIPATION.

fE) TO DISCRIMINATE IN APPRAISING THE VALUE OF
RESIDENTIAL REAL PROPERTY.

(4) IT IS AN UNLAWFUL PRACTICE FOR A PERSON, FOR THE PURPOSE
OF INDUCING AND/OR DISCOURAGING A REAL ESTATE TRANSACTION:

(A) TO REPRESENT THAT A CHANGE HAS OCCURRED OR WILL OR
MAY OCCUR WITH RESPECT TO RACE, COLOR, RELIGION, MARITAL STATUS,
SEX, AGE, ANCESTRY, SEXUAL ORIENTATION, PHYSICAL OR MENTAL
DISABILITY. OR NATIONAL ORIGIN IN THE COMPOSITION OF THE OWNERS
OR OCCUPANTS IN THE BLOCK, NEIGHBORHOOD, OR AREA IN WHICH THE
DWELLING IS LOCATED; OR

(B) TO REPRESENT THAT A CHANGE WITH RESPECT TO RACE,
COLOR, RELIGION, MARITAL STATUS, SEX, AGE, ANCESTRY, SEXUAL
ORIENTATION, PHYSICAL OR MENTAL DISABILITY. OR NATIONAL ORIGIN IN
THE COMPOSITION OF THE OWNERS OR OCCUPANTS IN THE BLOCK,
NEIGHBORHOOD OR AREA IN WHICH THE DWELLING IS LOCATED WILL OR MAY

Ord. No. 42 3

RESULT IN THE LOWERING OF PROPERTY VALUES AND/OR AN INCREASE IN
CRIMINAL OR ANTI-SOCIAL BEHAVIOR AND/OR A DECLINE IN THE QUALITY
OF SCHOOLS.

(5) RESTRICTIVE COVENANTS DECLARED VOID.

(A) ANY RESTRICTIVE COVENANT, WHETHER HERETOFORE OR
HEREAFTER INCLUDED IN AN INSTRUMENT AFFECTING THE TITLE TO REAL
OR LEASEHOLD PROPERTY, IS DECLARED TO BE NULL, VOID AND OF NO
EFFECT, AND CONTRARY TO PUBLIC POLICY, AS WELL AS CONTRARY TO THE
CONSTITUTION AND THE LAWS OF THE UNITED STATES.

(B) ANY PERSON WHO IS ASKED TO ACCEPT A DOCUMENT
AFFECTING TITLE TO REAL OR LEASEHOLD PROPERTY MAY DECLINE TO
ACCEPT THE SAME IF IT INCLUDES SUCH A COVENANT UNTIL THE COVENANT
HAS BEEN REMOVED DELETED FROM THE DOCUMENT. REFUSAL TO ACCEPT
DELIVERY OF AN INSTRUMENT FOR THIS REASON SHALL NOT BE DEEMED A
BREACH OF A CONTRACT TO PURCHASE, LEASE, MORTGAGE OR OTHERWISE
DEAL WITH SUCH PROPERTY.

(6) EXEMPTIONS.

(A) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO BAR
ANY PERSON FROM REFUGING TO SELL, RENT OR ADVERTISE ANY DWELLING
WHICH IG PLANNED EXCLUSIVELY FOR, OR OCCUPIED EXCLUSIVELY BY,
INDIVIDUALS OF ONE GEX, TO A>JY INDIVIDUAL OF THE OPPOGITE SEX, ON
THE BASIS OF GEX. RENTING OR ADVERTISING ANY DWELLING FOR
OCCUPANCY BY A SINGLE SEX. WHERE THE PHYSICAL LIMITATIONS OR
CONFIGURATION OF THE HOUSING FACILITY. OR CONSIDERATIONS OF
PERSONAL PRIVACY OR PERSONAL SAFETY. MAKE IT INAPPROPRIATE FOR
THE FACILITY TO BE OCCUPIED BY PERSONS OF BOTH SEXES.

(B) WITH RESPECT TO GEX DISCRIMINATION A>JD
DISCRIMINATION ON THE BACIG OF MARITAL GTATUG ALONE, NOTHING
HEREIN SHALL BE CONGTRUED TO APPLY TO THE RENTAL OF ROOMG WITHIN
MiY DV^ELLING IN WHICH THE OWNER MAINTAING HIG OR HER PRINCIPAL
REGIDENCE OR TO THE RENTAL OF ANY APARTMENT IN A DWELLING
CONTAINING NOT MORE THAN 4 U>JITG A>JD IN WHICH THE OWNER MAINTAING
HIG OR HER PRINCIPAL REGIDENCE.

(B) NOTHING IN THIS SECTION REGARDING FAMILIAL STATUS
OR AGE SHALL APPLY TO HOUSING FOR OLDER PERSONS.

(I) AS USED IN THIS SECTION "HOUSING FOR OLDER
PERSONS" MEANS HOUSING;

(A) PROVIDED UNDER ANY CITY. STATE OR FEDERAL
PROGRAM SPECIFICALLY DESIGNED AND OPERATED TO ASSIST ELDERLY
PERSONS (AS DEFINED IN THE CITY. STATE OR FEDERAL PROGRAM); OR

Ord. No. 423

fB) INTENDED FOR. AND OCCUPIED SOLELY BY.
PERSONS 62 YEARS OF AGE OR OLDER; OR

(II) FOR HOUSING TO QUALIFY AS HOUSING FOR OLDER
PERSONS. THE FOLLOWING CONDITIONS ARE REQUIRED:

(A) THE EXISTENCE OF SIGNIFICANT FACILITIES
AND SERVICES SPECIFICALLY DESIGNED TO MEET THE PHYSICAL OR SOCIAL
NEEDS OF OLDER PERSONS. OR IF THE PROVISION OF SUCH FACILITIES
AND SERVICES IS NOT PRACTICABLE. THAT SUCH HOUSING IS NECESSARY
TO PROVIDE IMPORTANT HOUSING OPPORTUNITIES FOR OLDER PERSONS; AND

(B) THAT AT LEAST 8 0 PERCENT OF THE UNITS ARE
OCCUPIED BY AT LEAST ONE PERSON 5 5 YEARS OF AGE OR OLDER PER
UNIT; AND

(C) THE PUBLICATION OF. AND ADHERENCE TO.
POLICIES AND PROCEDURES WHICH DEMONSTRATE AN INTENT BY THE OWNER
OR MANAGER TO PROVIDE HOUSING FOR PERSONS 55 YEARS OF AGE OR
OLDER.

(III) HOUSING SHALL NOT FAIL TO MEET THE
REQUIREMENTS FOR HOUSING FOR OLDER PERSONS BY REASON OF:

(A) PERSONS RESIDING IN SUCH HOUSING AS OF
THE DATE OF ENACTMENT OF THIS ORDINANCE WHO DO NOT MEET THE AGE
REQUIREMENTS OF SUBSECTIONS (I) (B) OR (C) . PROVIDED THAT NEW
OCCUPANTS OF SUCH HOUSING MEET THE AGE REQUIREMENTS OF
SUBSECTIONS (I)(B) OR (C); OR

(B) UNOCCUPIED UNITS. PROVIDED THAT SUCH
UNITS ARE RESERVED FOR OCCUPANCY BY PERSONS WHO MEET THE AGE
REQUIREMENTS OF SUBSECTIONS (I) (B) OR (C) .

(I) TO THE RENTAL OF A DWELLING UNIT IN A BUILDING.
WHICH CONTAINS NOT MORE THAN FOUR DWELLING UNITS, PROVIDED THE
OWNER OR A MEMBER OF THE OW>fER'S FAMILY RESIDES IN ONE OF THE

UNITS;

(II) TO THE RENTAL OF ONE ROOM OR ONE ROOMING UNIT
IN A HOUSING ACCOMMODATION NOT MORE THAN 2 ROOMING UNITS IN A
DWELLING UNIT BY ANY PERSON IF THE PERSON OR A MEMBER OF THE
PERSON'S FAMILY RESIDES IN THE DWELLING UNIT;

(III) TO A RELIGIOUS INSTITUTION, OR TO AN
ORGANIZATION OPERATED FOR CHARITABLE OR EDUCATIONAL PURPOSES,

Ord. No. 42 3

WHICH IS OPERATED, SUPERVISED OR CONTROLLED BY A RELIGIOUS
CORPORATION, ASSOCIATION OR SOCIETY, TO THE EXTENT THAT THE
RELIGIOUS CORPORATION, ASSOCIATION OR SOCIETY LIMITS, OR GIVES
PREFERENCE IN THE SALE, LEASE, RENTAL, ASSIGNMENT, OR SUBLEASE OF
RESIDENTIAL REAL PROPERTY WHICH IT OWNS OR OPERATES FOR OTHER
THAN A COMMERCIAL PURPOSE. TO INDIVIDUALS OF THE SAME RELIGION,
OR MAKES A SELECTION OF BUYERS, TENANTS, LESSEES, ASSIGNEES, OR
SUBLESSEES, THAT IS CALCULATED BY SUCH RELIGIOUS CORPORATION,
ASSOCIATION, OR SOCIETY TO PROMOTE THE RELIGIOUS PRINCIPLES FOR
WHICH IT IS ESTABLISHED OR MAINTAINED; PROVIDED THAT MEMBERSHIP
IN SUCH RELIGION IS NOT RESTRICTED ON ACCOUNT OF RACE. COLOR. OR
NATIONAL ORIGIN.

(7) NUMBER OF OCCUPANTS.

NOTHING IN THIS SECTION LIMITS THE APPLICABILITY OF
LOCAL. STATE. OR FEDERAL RESTRICTIONS REGARDING THE MAXIMUM
NUMBER OF OCCUPANTS PERMITTED TO OCCUPY A DWELLING.

(8) CONTROLLED SUBSTANCES; CONVICTION.

NOTHING IN THIS SECTION PROHIBITS CONDUCT AGAINST A
PERSON BECAUSE SUCH PERSON HAS BEEN CONVICTED BY ANY COURT OF
COMPETENT JURISDICTION OF THE ILLEGAL MANUFACTURE OR DISTRIBUTION
OF A CONTROLLED SUBSTANCE AS DEFINED IN SECTION 102 OF THE
CONTROLLED SUBSTANCES ACT (21 U.S.C. 8 02) OR A CONTROLLED
DANGEROUS SUBSTANCE AS DEFINED IN SECTION 277. ARTICLE 27- CRIMES
AND PUNISHMENTS. ANNOTATED CODE OF MARYLAND. 1987 REPLACEMENT
VOLUME. AS AMENDED.

14. Same; additional.

It shall be unlawful practice for any person: [to aid, abet,
incite, compel, or coerce the doing of any act declared herein to
be an unlawful practice or to obstruct or prevent any person from
complying with the provisions of this subtitle or any order
issued hereunder, or to attempt, directly or indirectly, alone,
or in concert with others, to commit any act declared by this
subtitle to be an unlawful practice. ]

(1) TO AID, ABET, INCITE, COMPEL, OR COERCE THE DOING
OF ANY ACT OR TO ATTEMPT TO COMMIT ANY ACT DECLARED UNLAWFUL BY
THE PROVISIONS OF THIS ARTICLE; OR

(2) TO PENALIZE OR DISCRIMINATE AGAINST ANY PERSON
BECAUSE THAT PERSON HAS MADE A COMPLAINT, TESTIFIED, OR ASSISTED
IN ANY MANNER IN ANY INVESTIGATION OR PROCEEDING HEREUNDER; OR

(3) TO INTIMIDATE IN ANY WAY ANY PERSON WHO IS
ATTEMPTING TO EXERCISE THE RIGHTS PROVIDED FOR IN THIS ARTICLE;
OR

Ord. No. 42 3

(4) TO OBSTRUCT, PREVENT OR DISCOURAGE ANY PERSON FROM
COMPLYING WITH THE PROVISIONS OF THIS ARTICLE OR ANY ORDER ISSUED
HEREUNDER.

19. Hearings.

(d) Findings. After hearing all the evidence, the hearing
examiner shall recommend a decision and an order to be approved
by the Commission. The Commission shall issue and cause to be
served on such respondent an order requiring such respondent to
cease and desist from such unlawful practice and to take such
affirmative action including (but not limited to) hiring,
reinstatement or upgrading of employees with or without back pay,
THE SALE OR RENTAL OF THE DWELLING SOUGHT BY THE COMPLAINANT , OR
A SIMILAR DWELLING, restoration to membership in any respondent
labor organization, admission to or participation in a guidance
program, apprenticeship training program, on-the-job training
program or other occupational training or retraining program,
where such programs are an established part of an employer's
labor policy, the extension of fair and equal advantages,
facilities and privileges to all persons as required by the
provisions of this Article, awarding of compensatory damages to
the person aggrieved by such practice, as, in the judgment of the
Commission, will effectuate the purposes of this Article.
[Compensatory damages shall mean out of pocket expenses
reasonably incurred and shall not include an award for pain and
suffering or punitive damages.] COMPENSATORY DAMAGES MAY INCLUDE
COMPENSATION FOR HUMILIATION, EMBARRASSMENT, AND EMOTIONAL
DISTRESS, FOR EXPENSES INCURRED IN OBTAINING ALTERNATE HOUSING
ACCOMMODATIONS, AND FOR OTHER EXPENSES INCURRED BY AN AGGRIEVED
PERSON AS A DIRECT RESULT OF ANY UNLAWFUL DISCRIMINATORY
PRACTICE. THE COMMISSION MAY ALSO IMPOSE A CIVIL PENALTY NOT TO
EXCEED 05. OOP. 00. FOR VIOLATION OF ANY PROVISION OF SECTION 13A
AS F0LL9WS-^ FOR A VIOLATION OF ANY PROVISION OF SECTION 13A. THE
COMMISSION MAY ALSO IMPOSE A CIVIL PENALTY OF NOT MORE THAN
$1000. AND EACH DAY THAT A VIOLATION CONTINUES CONSTITUTES A
SEPARATE OFFENSE. WITH MAXIMUM AMOUNTS ASSESSABLE AS FOLLOWS:

(1) IN AN AMOUNT NOT EXCEEDING $10.000 IF THE
RESPONDENT HAS NOT BEEN ADJUDGED TO HAVE COMMITTED ANY PRIOR
DISCRIMINATORY HOUSING PRACTICE;

(2) IN AN AMOUNT NOT EXCEEDING $25.000 IF THE
RESPONDENT HAS BEEN ADJUDGED TO HAVE COMMITTED ONE OTHER
DISCRIMINATORY HOUSING PRACTICE DURING THE 5-YEAR PERIOD ENDING
ON THE DATE OF THE FILING OF THIS COMPLAINT; AND

(3) IN AN AMOUNT NOT EXCEEDING $50.000 IF THE
RESPONDENT HAS BEEN ADJUDGED TO HAVE COMMITTED 2 OR MORE
DISCRIMINATORY HOUSING PRACTICES DURING THE 7-YEAR PERIOD ENDING
ON THE DATE OF THE FILING OF THIS COMPLAINT; EXCEPT THAT IF THE

Ord. No. 42 3

ACTS CONSTITUTING THE DISCRIMINATORY HOUSING PRACTICE THAT IS
THE OBJECT OF THE COMPLAINT ARE COMMITTED BY THE SAME NATURAL
PERSON WHO HAS BEEN PREVIOUSLY ADJUDGED TO HAVE COMMITTED ACTS
CONSTITUTING A DISCRIMINATORY HOUSING PRACTICE THEN THE CIVIL
PENALTIES SET FORTH IN SUBPARAGRAPHS (2) AND (3) MAY BE IMPOSED
WITHOUT REGARD TO THE PERIOD OF TIME WITHIN WHICH ANY SUBSEQUENT
DISCRIMINATORY HOUSING PRACTICE OCCURRED.

(F) STANDARD OF PROOF - MONETARY AWARDS.

(1) ANY AWARD MADE FOR DAMAGES COMPENSABLE UNDER THIS
ARTICLE SHALL BE MADE ONLY UPON REASONABLE AND COMPETENT EVIDENCE
THAT THE DAMAGES RESULTED FROM THE RESPONDENT'S UNLAWFUL
DISCRIMINATORY ACT OR PRACTICE.

(2) ANY AWARD MADE FOR EXPENSES COMPENSABLE UNDER THIS
ARTICLE SHALL BE MADE ONLY UPON THE PRODUCTION OF DOCUMENTARY
EVIDENCE OF SUCH EXPENSES, INCLUDING BUT NOT LIMITED TO BILLS,
RECEIPTS, CANCELLED CHECKS AND INVOICES. AN AWARD FOR ANY OTHER
COMPENSABLE DAMAGES MAY BE MADE ON REASONABLE AND CREDIBLE
TESTIMONY AND EVIDENCE.

(G) APPEALS. IN A CONTESTED CASE. A RESPONDENT MAY APPEAL A
FINAL DECISION OF THE COMMISSION TO THE CIRCUIT COURT FOR
BALTIMORE CITY.

(SH) PUBLICATION.

AFTER PUBLIC HEARING AND AFTER THE TIME FOR JUDICIAL
APPEAL HAS PASSED WITHOUT APPEAL HAVING BEEN TAKEN. THE
COMMISSION MAY PUBLISH OR CAUSE TO BE PUBLISHED THE NAME OF ANY
PERSON WHO, HAS BEEN FOUND TO HAVE ENGAGED IN A VIOLATION OF THIS
ART I CLE . IF A RESPONDENT TAKES AN APPEAL FROM A DECISION OF THE
COMMISSION. THE COMMISSION SHALL NOT PUBLISH THE NAME OF THE
RESPONDENT UNTIL THE APPEAL PROCESS IS EXHAUSTED.

20. Enforcement.

(A) In the event any respondent refuses to comply with an
order of the Commission (as to any matter other than those
covered by Section 16(11) of this subtitle) or in the event, at
any time after the filing of a complaint the Commission
determines that the alleged unlawful practice will have become
final and unrectif iable unless restrained, the Commission may
certify the matter to the City Law Department.

The City Law Department shall thereupon proceed, in the name
of the Mayor and City Council of Baltimore, as soon as reasonably
possible, to invoke the aid of an appropriate court to secure
compliance with the Commission's order and with the provisions of
this subtitle, or to prevent final, unrectif iable accomplishment

Ord. No. 424

of a practice designated as unlawful by this subtitle, as the
case may be. The court shall have power to grant such temporary
relief or restraining order as it deems just and proper and to
make and enter an order enforcing, modifying, and enforcing as so
modified, or setting aside, in whole or in part, the order of the
Commission .

(B) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO REQUIRE A
PERSON TO EXHAUST THE ADMINISTRATIVE REMEDIES PROVIDED BY THIS
ARTICLE PRIOR TO INITIATING A CIVIL ACTION.

WHERE A REAL ESTATE BROKER, ASSOCIATE REAL ESTATE BROKER.
REAL ESTATE OPERATOR OR REAL ESTATE SALESPERSON LICENSED BY THE
REAL ESTATE COMMISSION OF MARYLAND HAS FAILED TO COMPLY WITH AN
ORDER ISSUED BY THE COMMISSION OR HAS BEEN FOUND TO HAVE
COMMITTED AN UNLAWFUL DISCRIMINATORY HOUSING PRACTICE IN
VIOLATION OF THIS ARTICLE, THE COMMISSION SHALL PROMPTLY NOTIFY
IN WRITING THE REAL ESTATE COMMISSION OF THE STATE OF MARYLAND OF
SAID VIOLATION OR FAILURE TO COMPLY.

SEC. 2. AND BE IT FURTHER ORDAINED, That if any provision of
this Ordinance or the application thereof to any person or
circumstance is held invalid for any reason in a court of
competent jurisdiction, the invalidity does not affect other
provisions or any other application of this ordinance which can
be given effect without the invalid provision or application, and
for this purpose the provisions of this ordinance are declared
severable .

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the 3 0TH DAY AFTER THE date of its
enactment.

Approved January 2, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE
ORDINANCE NO. 4 24
(Council Bill No. 643)
AN ORDINANCE concerning

REZONING - 5009 LAWNDALE AVENUE

Ord. No. 425

FOR the purpose of changing the zoning for the northern portions
of the property known as 5009 Lawndale Avenue from the B-1-1
Zoning District to the R-1 Zoning District, as outlined in
red on the plat accompanying this ordinance.

BY amending Zoning District Maps
Sheet No. 15
Article 30 - Zoning
Baltimore City Code (198 3 Replacement Volume, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That Sheet No. 15 of the Zoning District Maps of
Article 30 of the Baltimore City Code (1983 Replacement Volume,
as amended) title "Zoning" be and it is hereby amended by
changing from the B-1-1 Zoning District to the R-1 Zoning
District the northern portions of the property known as 5009
Lawndale Avenue, as outlined in red on the plat accompanying this
ordinance.

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the 30th day after the date of its
enactment.

Approved January 26, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 425

(Council Bill No. 693)

AN ORDINANCE concerning

ZONING - PLANNED UNIT DEVELOPMENT
PORT COVINGTON

Ord. No. 425

FOR the purpose of approving the application of Western Maryland
Railway Company, owner of certain property located in
Baltimore city and bounded generally by Light Street on the
west, the Middle Branch of the Patapsco River on the south,
the Maryland Port Administration Long Line Facility Basin or
the east and Cromwell Street on the north, such property
consisting of approximately 68 acres more or less, together
with certain piers and riparian areas including certain
portions of the property which are subject to leases, to
have such property designated an Industrial Planned
Development in accordance with Sections 12.0-1 and 12.0-5 of
Article 30 of the Baltimore City Code (1983 Replacement
Volume, as amended) and to approve the Development Plan
submitted by Western Maryland Railway Company.

By authority

Article 30 - Zoning

Sections 12.0-1 and 12.0-5

Baltimore City Code (1983 Replacement Volume, as amended)

WHEREAS, On the 17th day of March, 1989, representatives of
Western Maryland Railway Company met with the Department of
Planning of Baltimore City to hold a Pre-Petition Conference to
explain the scope and nature of existing and proposed development
on the property in order to institute proceedings to have such
property designated an Industrial Planned Development; and

WHEREAS, Together herewith, Western Maryland Railway
Company, has made formal application to the City Council of
Baltimore and has submitted the requisite Development Plan
consisting of plans entitled Port Covington P.U.D. Submission,
Sheets 1 through 10, revised May 19, — 1909 December 1. 1989.
intended to satisfy the requirements specified in Sections 12. 0-]
and 12.0-5 of Article 30 of the Baltimore City Code (1983
Replacement Volume, as amended) ; now, therefore,

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That the application of Western Maryland Railway
Company, owner of the property located in Baltimore City and
bounded generally by Light Street to the west, the Middle Branch
of the Patapsco River on the south, the Maryland Port
Administration Long Line Facility Basin on the east and Cromwell
Street on the north, as outlined on the plat accompanying this
Ordinance, to designate such property an Industrial Planned
Development pursuant to Article 30, Section 12.0-1 and 12.0-5 of
the Baltimore City Code (1983 Replacement Volume, as amended), b€
and it is hereby approved.

SEC. 2. AND BE IT FURTHER ORDAINED, That the Development
Plan (as scheduled in the Recital paragraph of this Ordinance) be
and it is hereby approved.

Ord. No. 42 5

SEC. 3. AND BE IT FURTHER ORDAINED, That in accordance with
the provisions of Sec. 12. 0-5 (a) the following uses are permitted
within the Industrial Planned Development:

a. All uses permitted by the provisions of Article
30, Sec. 7.1-l(b).

b. In addition:

1. Hotels and Motels.

2. Offices - business, governmental and
professional (including medical and dental
clinics) .

3. Retail Uses - including retail, service and
other business establishments (including
banks) .

4. Clubs and lodges, including health clubs,
marina yacht clubs and facilities, such as
meeting rooms, shower facilities, swimming
pools.

5. Marinas - not to exceed 1, 000 800 on-land or
in-water slips (provided that no boat repair
facilities shall be allowed) .

6. Marina fueling station and chandlery
services.

7. Restaurants and carry out food shops.

8. Boat sales.

9. Dry-stack boat storage.

10. Off-street parking garages.

11. Open off-street parking areas.

12. Theaters.

13. Educational Institutions, Trade Schools

SEC. 4. AND BE IT FURTHER ORDAINED, That the minimum yard
requirements shall not be applicable to specific lots created
within the Industrial Planned Unit Development.

SEC. 5. AND BE IT FURTHER ORDAINED, That subsequent to the
passage of this Ordinance by the City Council, all substantial

Ord. No. 426

changes in the approved Development Plan for the property shall
be reviewed and approved by the Planning Commission for insurance
of such changes consistent with this Ordinance. i

SEC. 6. AND BE IT FURTHER ORDAINED, That subsequent to the
passage of this Ordinance by the City Council, all plans for
construction of material improvements upon the property shall be
reviewed and approved by the Planning Commission to insure that
such plans are consistent with the Development Plan and this j
Ordinance. I

SEC. 7. AND BE IT FURTHER ORDAINED, That upon passage of 1
this Ordinance by the City Council, as evidence of the
authenticity of the Development Plan which is a part hereof and
in order to give notice to the departments which are ■

administering the Zoning Ordinance, the President of the City I
Council shall sign the Development Plan, and when the Mayor ■
approves the Ordinance, he shall sign the Development Plan. The
Director of Finance shall then transmit a copy of the Ordinance
and the Development Plan to the Board of Municipal and Zoning
Appeals, the Planning Commission, the Supervisor of Assessments
for Baltimore City, and the Zoning Administrator of Baltimore
City.

SEC. 8. AND BE IT FURTHER ORDAINED, That the Ordinance
shall take effect on the date of its enactment.

Approved January 26, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 426

(Council Bill No. 724)

AN ORDINANCE concerning

ZONING - APPROVAL FOR CONDITIONAL USE
HOUSING FOR THE ELDERLY - 5150 BALTIMORE NATIONAL PIKE

FOR the purpose of granting permission for the establishment,
maintenance and operation of housing for the elderly on a
portion of the property known as 5150 Baltimore National
Pike, as outlined in red on the plats accompanying this
ordinance.

BY authority of

Article 30 - Zoning

Sections 4.5-ld-6 and 11.0-6d

Ord. No. 427

Baltimore City Code (1983 Replacement Volume, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That permission is hereby granted for the
establishment, maintenance and operation of housing for the
elderly on a portion of the property known as 5150 Baltimore
National Pike, as outlined in red on the plats accompanying this
ordinance, under the provisions of Sections 4.5-ld-6 and 11.0-6d
of Article 30 of the Baltimore City Code (1983 Replacement
Volume, as amended) title "Zoning".

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the 30th day after the date of its
enactment.

Approved January 26, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 4 27

(Council Bill No. 771)

AN ORDINANCE concerning

ZONING - APPROVAL FOR CONDITIONAL USE
HOME FOR HOMELESS PERSONS - 1211 WALL STREET

FOR the purpose of granting permission for the establishment,

maintenance and operation of a home for homeless persons on
the property known as 1211 Wall Street, as outlined in red
on the plats accompanying this ordinance and providing for
the termination of this ordinance.

BY authority of

Article 30 - Zoning

Ord. No. 428

Sections 4.8-ld-2 and 11.0-6d

Baltimore City Code (1983 Replacement Volume, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That permission is hereby granted for the
establishment, maintenance and operation of a home for homeless
persons containing 35 beds on the property known as 1211 Wall
Street, as outlined in red on the plats accompanying this
ordinance, under the provisions of Sections 4.8-ld-2 and 11.0-6d
of Article 30 of the Baltimore City Code (1983 Replacement
Volume, as amended) title "Zoning".

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the 30th day after the date of its
enactment. It shall remain effective for the term of the current
lease and, at the end of April 20, 1990, and with no further
action required by the Mayor and City Council, this ordinance
shall be abrogated and of no further force and effect.

Approved January 26, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 428

(Council Bill No. 877)

AN ORDINANCE concerning

SUPPLEMENTARY SPECIAL FUND CAPITAL APPROPRIATION -
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

FOR the purpose of providing a supplementary Special Fund Capital
appropriation in the amount of $1,300,000 to the Department
of Housing and Community Development (Account No. 9911-588-
563) for the City to provide a re-loan of a Maryland

Ord. No. 428

Industrial and Commercial Redevelopment Fund (MICRF) loan to
the Dome Corporation for development at the Johns Hopkins
Bayview Research Campus.

By authority of

Article VI - Board of Estimates

Section 2 (h) (2)

Baltimore City Charter (1964 Revision, as amended)

WHEREAS, The money appropriated herein represents a Maryland
Industrial and Commercial Redevelopment Fund (MICRF) loan in
excess of the amount from this source estimated and relied upon
by the Board of Estimates in determining the tax levy required to
balance the budget for the 1990 fiscal year, and said money is
therefore available for appropriation to the Department of
Housing and Community Development pursuant to the provisions of
Article VI, Section 2(h)(2) of the Baltimore City Charter (1964
Revision, as amended) ; and

WHEREAS, The additional sum here appropriated is from
sources which could not be expected with reasonable certainty at
the time of the formulation of the current Ordinance of Estimates
in accordance with Article VI, Section 2(h)(2) of said Charter;
and

WHEREAS, This supplementary Special Fund Capital
appropriation has been recommended to the City Council by the
Board of Estimates at a regular meeting of the Board held on the
20th day of December, 1989, all in accordance with Article VI,
Section 2(h)(2) of the Baltimore City Charter (1964 Revision, as
amended) .

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That under the provisions of Article VI, Section
2(h)(2) of the 1964 Revision of the Charter of Baltimore City,
the sum of $1,300,000 shall be made available to the Department
of Housing and Community Development (Account No. 9911-588-563)
as a supplementary Special Fund Capital appropriation for the
fiscal year ending June 30, 1990 for the City to provide a re-
loan of a Maryland Industrial and Commercial Redevelopment Fund
(MICRF) loan to the Dome Corporation for development at the Johns
Hopkins Bayview Research Campus which could not reasonably be
anticipated at the time of formulation of the proposed fiscal
1990 Ordinance of Estimates. The amount thus made available as a
supplementary Special Fund Capital appropriation shall be
expended from a Maryland Industrial and Commercial Redevelopment
Fund (MICRF) loan in excess of the amount from this source which
was estimated or relied upon by the Board of Estimates in
determining the tax levy required to balance the budget for the
1990 fiscal year; and said funds from said Maryland Industrial
and Commercial Redevelopment Fund (MICRF) loan shall be the

Ord. No. 429

source of revenue for this supplementary Special Fund Capital
appropriation as required by Article VI, Section 2(h)(2) of the
Baltimore City Charter (1964 Revision, as amended).

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Approved January 26, 1990

KURT L. SCHMOKE, Mayo]

CITY OF BALTIMORE

ORDINANCE NO. 4 29

(Council Bill No. 885)

AN ORDINANCE concerning

SUPPLEMENTARY GENERAL FUND CAPITAL APPROPRIATION -
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

FOR the purpose of providing a supplementary General Fund Capital]
appropriation in the amount of $2,100,000 to the Department
of Housing and Community Development (Account No. 9911-588-
708) to fund the purchase by the Mayor and City Council of
the Six Flags' interest in the Power Plant property, and
associated maintenance thereof.

By authority of

Article VI - Board of Estimates

Section 2(h) (1)

Baltimore City Charter (1964 Revision, as amended)

WHEREAS, The money appropriated herein represents revenue
produced from excess amounts from reserve funds transferred to
the City as a result of the defeasance of the City's Residential
Financing Revenue Bonds, 1978 Series (Coldspring Loan Program) in "'■
excess of the amount from these sources estimated and relied upon
by the Board of Estimates in determining the tax levy required to
balance the budget for the 1990 fiscal year, and said money is
therefore available for appropriation to the Department of
Housing and Community Development pursuant to the provisions of
Article VI, Section 2(h)(1) of the Baltimore City Charter (1964
Revision, as amended) ; and

WHEREAS, The additional sum appropriated herein is made
available for a new program which could not reasonably be
anticipated at the time of the formulation of the proposed
Ordinance of Estimates in accordance with Article VI, Section
2(h)(1) of said Charter; and

Ord. No. 4 30

WHEREAS, This supplementary General Fund Capital
appropriation has been recommended to the City Council by the
Board of Estimates at a special meeting of the Board held on the
16th day of January, 1990, all in accordance with Article VI,
Section 2 (h) (1) of the Baltimore City Charter (1964 Revision, as
amended) ; now, therefore

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That under the provisions of Article VI, Section
2(h)(1) of the 1964 Revision of the Charter of Baltimore City, as
amended, the sum of $2,100,000 shall be made available to the
Department of Housing and Community Development (Account No.
9911-588-708) as a supplementary General Fund Capital
appropriation for the fiscal year ending June 30, 1990, to fund
the purchase by the Mayor and City Council of the Six Flags'
interest in the Power Plant property, and associated maintenance
thereof. The amount thus made available as a supplementary
General Fund Capital appropriation shall be expended from revenue
produced from excess amounts from reserve funds transferred to
the City as a result of the defeasance of the City's Residential
Financing Revenue Bonds, 1978 Series (Coldspring Loan Program) in
exess of the amount from these sources which was estimated and
relied upon by the Board of Estimates in determining the tax levy
required to balance the budget for the 1990 fiscal year; and said
funds from said revenue shall be the source of revenue for this
supplementary General Fund Capital fund appropriation, as
required by Article VI, Section 2(h)(1) of the Baltimore City
Charter (1964 Revision, as amended) .

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Approved January 26, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 4 30

(Council Bill No. 532)

AN ORDINANCE concerning

ZONING - APPROVAL FOR CONDITIONAL USE

DRIVE-IN RESTAURANT WITH A DRIVE-THROUGH WINDOW

429 E. 29TH STREET

FOR the purpose of granting permission for the establishment,
maintenance and operation of a drive-in restaurant with a
drive-through window on the property known as 429 E. 29th

Ord. No. 4 31

Street, as outlined in red on the plats accompanying this
ordinance, subject to the condition that right turns only
will be permitted onto Greeninount Avenue.

BY authority of

Article 30 - Zoning

Sections 6.3-ld and 11.0-6d

Baltimore City Code (1983 Replacement Volume, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That permission is hereby granted for the
establishment, maintenance and operation of a drive-in restaurant
with a drive-through window on the property known as 429 E. 29th
Street, as outlined in red on the plats accompanying this
ordinance, under the provisions of Sections 6.3-ld and 11.0-6d of
Article 30 of the Baltimore City Code (1976 Edition, as amended)
title "Zoning", subject to the condition that right turns only
will be permitted onto Greenmount Avenue.

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect thirty days from the date of its passage.

Approved February 2, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 431

(Council Bill No. 657)

AN ORDINANCE concerning

CITY STREET - CLOSING A PORTION OF DRUID PARK DRIVE

FOR the purpose of condemning and closing a portion of Druid Park
Drive varying in width, located on the southeast side

Ord. No. 431

thereof, and extending from Reisterstown Road, Southwesterly
90 feet in accordance with a plat thereof numbered 346-A-21
prepared by the Surveys and Records Division and filed in
the Office of the Department of Public Works, on the
Twentieth (20th) day of April, 1989.

BY authority of

Article I - General Provisions

Section 4

Article II - General Powers

Sections 2, 34, 35

Baltimore City Charter (1964 Revision, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That the Department of Public Works be, and it is
hereby authorized and directed to condemn and close a portion of
Druid Park Drive varying in width, located on the southeast side
thereof, and extending from Reisterstown Road, Southwesterly 90
feet; the said portion of Druid Park Drive hereby directed to be
condemned for said closing being described as follows:

Beginning for the same at the point formed by the
intersection of the southwest side of Reisterstown Road, 91 feet
wide and the southeast side of Druid Park Drive, varying in width
and running thence binding on the southeast side of said Druid
Park Drive, South 59°-57'-25" West 90.00 feet to the beginning of
the second line of fifty-fifth parcel of land conveyed by Lord
Baltimore Filling Stations, Incorporated, to the American Oil
Company by deed dated August 31, 19 54 and recorded among the Land
Records of Baltimore City in Liber M.L.P. 9580, Folio 118; thence
binding on the line of the second line of the fifty-fifth parcel
of land described in said deed, if projected northwesterly. North
30°-02'-35" West 31.50 feet; thence for straight lines the three
following courses and distances; namely. North 39°-15'-00" East
80.90 feet. North 86°-35'-30" East 8.30 feet and South 41^-44'-
10" East 34.09 feet to intersect the line of the southwest side
of said Reisterstown Road, if projected northwesterly, and thence
binding reversely on last said line so projected, South 30°-02'-
35" East 23.00 feet to the place of beginning.

All courses and distances in the above description are
referred to the true meridian as adopted by the Baltimore Survey
Control System.

The said portion of Druid Park Drive as directed to be
condemned being delineated and particularly shown on a plat
numbered 346-A-21 which was filed in the Office of the Department
of Public Works on the Twentieth (20th) day of April, in the year
1989 and is now on file in said Office.

Ord. No. 431

SEC. 2. AND BE IT FURTHER ORDAINED, That after said highway
or highways shall have been closed under the provisions of this
Ordinance, all subsurface structures and appurtenances now owned
by the Mayor and City Council of Baltimore, shall be and continue
to be the property of the Mayor and City Council of Baltimore, in
fee simple, until the use thereof shall be abandoned by the Mayor
and City Council of Baltimore, and in the event that any person,
firm or corporation shall desire to remove, alter or interfere
therewith, such person, firm or corporation shall first obtain
permission and permits therefor from the Mayor and City Council
of Baltimore, and shall in the application for such permission
and permits agree to pay all costs and charges of every kind and
nature made necessary by such removal, alteration or
interference.

SEC. 3. AND BE IT FURTHER ORDAINED, That no buildings or
structures of any kind shall be constructed or erected in said
portion of said highway or highways after the same shall have
been closed under the provisions of this Ordinance until the
subsurface structures and appurtenances now owned by the Mayor
and City Council of Baltimore, over which said buildings or
structures are proposed to be constructed or erected shall have
been abandoned or shall have been removed and relaid in
accordance with the specifications and under the direction of the
Director of Public Works of Baltimore City, and at the expense of
the person or persons or body corporate desiring to erect such
buildings or structures. Railroad tracks shall be taken to be
"structures" within the meaning of this section.

SEC. 4. AND BE IT FURTHER ORDAINED, That after said highway
or highways shall have been closed under the provisions of this
ordinance, all subsurface structures and appurtenances owned by
any person, firm or corporation, other than the Mayor and City
Council of Baltimore, shall upon notice from the Director of
Public Works of Baltimore City, be promptly removed by and at the
expense of the said owners.

SEC. 5. AND BE IT FURTHER ORDAINED, That on and after the
closing of said highway or highways, the said Mayor and City
Council of Baltimore, acting through its duly authorized
representatives, shall, at all times, have access to said
property and to all subsurface structures and appurtenances used
by it therein, for the purposes of inspection, maintenance,
repair, alteration, relocation and/or replacement, of any or all
of said structures and appurtenances, and this without permission
from or compensation to the owner or owners of said land.

SEC. 6. AND BE IT FURTHER ORDAINED, That the proceedings of
said Department of Public Works with reference to the
condemnation and closing of said portion of Druid Park Drive and
the proceedings and rights of all parties interested or affected

Ord. No. 4 32

thereby, shall be regulated by, and be in accordance with, any
and all applicable provisions of Article 4 of the Code of Public
Local Laws of Maryland and the Charter of Baltimore City (1964
Revision, as amended) and any and all amendments thereto, and any
and all other Acts of the General Assembly of Maryland, and any
and all ordinances of the Mayor and City Council of Baltimore,
and any and all rules or regulations in effect which have been
adopted by the Director of Public Works and filed with the
Department of Legislative Reference.

SEC. 7. AND BE IT FURTHER ORDAINED, That this Ordinance
shall take effect on the date of its enactment.

Approved February 2, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 4 32

(Council Bill No. 681)

AN ORDINANCE concerning

CITY PROPERTY - SALE
A PORTION OF DRUID PARK DRIVE

FOR the purpose of authorizing the Mayor and City Council of

Baltimore to sell either at public or private sale all of
the interest of the Mayor and City Council of Baltimore in
and to a portion of Druid Park Drive varying in width,
located on the southeast side thereof, and extending from
Reisterstown Road, Southwesterly 90 feet.

BY authority of

Article V - Comptroller

Section 5(b)

Baltimore City Charter (1964 Revision, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That the Comptroller of Baltimore City be and he is
hereby authorized to sell at either public or private sale in
accordance with Article V, Section 5(b) of the City Charter (1964
Revision, as amended) , all of the interest of the Mayor and City
Council of Baltimore in and to a portion of Druid Park Drive
varying in width, located on the southeast side thereof, and
extending from Reisterstown Road, Southwesterly 90 feet in the
City of Baltimore, and described as follows:

Ord. No. 433

Beginning for the same at the point formed by the
intersection of the southwest side of Reisterstown Road, 91 feet
wide and the southeast side of Druid Park Drive, varying in width
and running thence binding on the southeast side of said Druid
Park Drive, South 59°-57'-25" West 90.00 feet to the beginning of
the second line of fifty-fifth parcel of land conveyed by Lord
Baltimore Filling Stations, Incorporated, to the American Oil
Company by deed dated August 31, 1954 and recorded among the Land
Records of Baltimore City in Liber M.L.P. No. 9580, Folio 118;
thence binding on the line of the second line of the fifty-fifth
parcel of land described in said deed, if projected
northwesterly, North 30°-02'-35" West 31.50 feet; thence for
straight lines the three following courses and distances; namely,
North 39°-15'-00" East 80.90 feet, North 86°-35'-30" East 8.30
feet and South 41°-44'-10" East 34.09 feet to intersect the line
of the southwest side of said Reisterstown Road, if projected
northwesterly, and t:hence binding reversely on last said line so
projected. South 30°-02'-35" East 23.00 feet to the place of
beginning.

Said property being no longer needed for public use.

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds
shall pass in accordance herewith until the same shall have been
first approved by the City Solicitor.

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Approved February 2, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 433

(Council Bill No. 694)

AN ORDINANCE concerning

ZONING - PLANNED UNIT DEVELOPMENT

For the purpose of approving the application of Sinai Hospital of
Baltimore, Inc. , as leasehold owner of certain property
located in Baltimore City, lying generally south of
Belvedere Avenue and W. Northern Parkway, east of Lanier
Avenue and north and west of Cylburn Avenue, as outlined on
the plat accompanying this Ordinance, consisting of
approximately 33.245 acres, more or less, to have such
property designated a Office -Residential Planned Development

Ord. No. 433

in accordance with Sections 12.0-1 and 12.0—3- 2 of
Article 30 of the Baltimore City Code (1983 Replacement
Volume, as amended) and to approve the Development Plan
submitted by Sinai Hospital of Baltimore, Inc.

BY authority of

Article 30 - Zoning

Sections 12.01 and 12.0-9- 2

Baltimore City Code (1983 Replacement Volume, as amended)

WHEREAS, On the 2nd of June, 1989, representatives of Sinai
Hospital of Baltimore, Inc. met with the Department of Planning
of Baltimore City to hold a Pre-Petition Conference to explain
the scope and nature of existing proposed development on the
property in order to institute proceedings to have such property
designated a Of f ice -Residential Planned Development; and

WHEREAS, Together herewith, Sinai Hospital of Baltimore,
Inc. has made formal application to the City Council of Baltimore
and has submitted the requisite Development Plan intended to
satisfy the requirements specified in Sections 12.0-1 and 12.0-9-
2 of Article 30 of the Baltimore City Code (1983 Replacement
Volume, as amended) ; and

WHEREAS, Sinai Hospital of Baltimore, Inc., requesting the
introduction of this Bill signifies its intention to implement,
execute, substantially complete and maintain the development of
the property in accordance with the Development Plan; now,
therefore,

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That the application of Sinai Hospital of Baltimore,
Inc. , leasehold owner of the property located in Baltimore City
lying generally south of Belvedere Avenue and W. Northern
Parkway, east of Lanier Avenue and west of Cylburn Avenue, as
outlined on the plat accompanying this Ordinance, designates such
property a Office-Residential Planned Development pursuant to
Article 30, Sections 12.0-1 and 12.0-9—2 of the Baltimore City
Code (1983 Replacement Volume, as amended) , be and it is hereby
approved.

SEC. 2. AND BE IT FURTHER ORDAINED, That the Development
Plan submitted by Sinai Hospital of Baltimore, Inc. consisting of
the following: Plan Development Proposal Figure 1 "Location
Map", dated June 22, 1989; Plan Development Proposal Figure 2
"Existing Conditions" dated June 22, 1989; Plan Development
Proposal Figure 3 "Existing Utility Plan" dated June 22, 1989;
Plan Development Proposal Figure 4 "Master Plan - Current
Project" dated June 22, 1989; Plan Development Proposal Figure 5
"The Krieger Building" dated June 22, 1989; Plan Development
Proposal Figure 6 "Employee Parking ^B'" dated June 22, 1989;

Ord. No. 433

Plan Development Proposal Figure "Master Plan Intermediate

Project" dated June 22, 1989; Plan Development Proposal Figure 7A

"Master Plan Intermediate Project (Site Development)" dated

June 22, 1989; Plan Development Proposal Figure 8 "Master Plan —
- Long Range Projects" dated June 22, 1989, attached hereto and
made a part hereof, be and it is hereby approved.

SEC 3. AND BE IT FURTHER ORDAINED. That the use of the
proposed building east of Greenspring Avenue be restricted to a
regional pathology/ laboratory health care support facilitv with
non-accessory offices only and/or accessory uses to the existing
hospital operations with no primary offices.

SEC 4. AND BE IT FURTHER ORDAINED. That a proposed minimum
distance of 220' (with the possibility of minor modifications)
from the nearest point of Northern Parkway to the nearest point
of the proposed accessory building be maintained and preserved as
a heavily wooded buffer. Any deviation from the proposed setback
shall be reviewed and approved by the Department of Planning in
accordance with an overall objective of minimizing the building
visibility from Northern Parkway. The hospital will replenish
any loss of trees due to construction of the building and will
provide long-term evergreen planting around the north side of the
retention pond and parking lot as indicated on the plan.

SEC. 5. AND BE IT FURTHER ORDAINED. That the proposed
building east of Greenspring Avenue be designed and constructed
with materials that will minimize the building's visibility from
Northern Parkway.

Sec. 6. AND BE IT FURTHER ORDAINED. That the proposed set-
back from Northern Parkway and other aspects of the siting and
design of the building east of Greenspring. together with the
maintenance and preservation of the wooded buffer along the
remainder of the parcel in the heavily wooded state, are intended
to preserve the character of the Northern Parkway as a greenbelt
which provides a scenic buffer and provides a link in a larger
green space environment. Any future modification to the PUD and
development of the detailed plans for the building east of
Greenspring should give priority to the achievement of these
goals .

SEC. ^ 7. AND BE IT FURTHER ORDAINED, That subsequent to
the passage of this Ordinance by the City Council, all changes in
the approved Development Plan for the property shall be reviewed
and approved by the Planning Commission for insurance of such
changes consistent with this Ordinance.

SEC. 4 8. AND BE IT FURTHER ORDAINED, That upon passage of
this Ordinance by the City Council, as evidence of the
authenticity of the Development Plan which is a part hereof and

Ord. No. 4 34

in order to give notice to the departments which are
administering the Zoning Ordinance, the President of the City
Council shall sign the Development Plan, and when the Mayor
approves the Ordinance, he shall sign the Development Plan. Th(
Director of Finance shall then transmit a copy of the Ordinance
and the Development Plan to the Board of Municipal and Zoning
Appeals, the Planning Commission, the Supervisor of Assessments
for Baltimore City, and the Zoning Administrator of Baltimore
City.

SEC. S 9. AND BE IT FURTHER ORDAINED, That this Ordinance
shall take effect on the date of its enactment.

Approved February 2, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 4 34

(Council Bill No. 722)

AN ORDINANCE concerning

ZONING: UNLICENSED OR DERELICT MOTOR VEHICLES

FOR the purpose of adding "unlicensed motor vehicle" and

"derelict motor vehicle" to the list of definitions in the
Zoning Code.

BY adding

Article 30 - Zoning

Chapter 13 - Rules and Definitions

Sections 13.0-2-23 1/2 and 13.0-2-93A

Baltimore City Code (1983 Replacement Volume, as amended)

ARTICLE 30 - ZONING

Chapter 13 - Rules and Definitions

13.0-2 Definitions.

23 1/2. DERELICT MOTOR VEHICLE: A VEHICLE EXHIBITING A
DEFECT, DAMAGE OR DETERIORATION SUFFICIENT TO PRECLUDE
PROPER OPERATION UPON THE HIGHWAY.

Ord. No. 4 35

9 3A. UNLICENSED MOTOR VEHICLE: AN UNREGISTERED MOTOR
VEHICLE, OR A VEHICLE ON WHICH CURRENT TAGS ARE NOT
DISPLAYED.

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the 30th day after the date of its
enactment.

Approved February 2, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 435

(Council Bill No. 723)

AN ORDINANCE concerning

ZONING - CONDITIONAL USE: AUTOMOTIVE REPAIR

FOR the purpose of providing conditions and restrictions for the
granting of conditional use permits relating to automotive
repair; requiring that any conditions and restrictions be
set forth in the written decision.

BY repealing and reordaining with amendments
Article 30 - Zoning

Chapter 11 - Administration and Enforcement
Section 11.0-3c-3
Baltimore City Code (1983 Replacement Volume, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That Section(s) of the Baltimore City Code (1983
Replacement Volume, as amended) be added, repealed, or amended,
to read as follows:

ARTICLE 30 - ZONING

Chapter 11 - Administration and Enforcement

11.0-3 The Board of Municipal and Zoning Appeals.

c. Conditional uses.

3. Conditions and guarantees. Prior to the
granting of any conditional use, the Board may impose such
conditions and restrictions upon the establishment, location,
construction, maintenance, and operation thereof as deemed _
necessary to reduce or minimize any effect of such use upon other

Ord. No. 436

properties in the neighborhood, and to secure compliance with the
standards and requirements specified in this chapter. SUCH
CONDITIONS AND RESTRICTIONS SHALL BE IMPOSED WHENEVER THE BOARD
GRANTS ANY CONDITIONAL USE RELATING TO AUTOMOTIVE REPAIR. In
cases in which a conditional use is granted, the Board may
require such evidence and guarantees as it deems necessary as
proof that the conditions imposed in connection therewith shall
met and compiled with. ANY CONDITIONS AND RESTRICTIONS IMPOSED
SHALL BE SET FORTH IN THE BOARD'S WRITTEN DECISION TO GRANT THE
CONDITIONAL USE. Failure to comply with such conditions or
restrictions imposed shall constitute a violation of this
ordinance.

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the 30th day after the date of its

enactment.

Approved February 2, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 436 •

(Council Bill No. 738)

AN ORDINANCE concerning

REZONING - 24 01 E. NORTH AVENUE

FOR the purpose of changing the zoning for the property known as
2401 E. North Avenue, from the M-1-2 Zoning District to the
B-3-2 Zoning District, as outlined in red on the plat
accompanying this ordinance.

BY amending Zoning District Maps
Sheet No. 37
Article 30 - Zoning
Baltimore City Code (1983 Replacement Volume, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That Sheet No. 37 of the Zoning District Maps of
Article 30-Zoning of the Baltimore City Code (1983 Replacement
Volume, as amended) title "Zoning" be and it is hereby amended by
changing from the M-1-2 Zoning District to the B-3-2 Zoning
District, the property known as 2401 E. North Avenue, as outlined
in red on the plat accompanying this ordinance.

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of
this ordinance by the City Council, as evidence of the

Ord. No. 437

authenticity of the plat which is a part hereof and in order to
give notice to the departments which are administering the Zoning
Ordinance, the President of the City Council shall sign the plat
and when the Mayor approves the ordinance, he shall sign the
plat. The Director of Finance shall then transmit a copy of the
ordinance and one of the plats to the following: the Board of
Municipal and Zoning Appeals, the Planning Commission, the
Commissioner of the Department of Housing and Community
Development, the Supervisor of Assessments for Baltimore City and
the Zoning Administrator.

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the 30th day after the date of its
enactment.

Approved February 2, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 4 37

(Council Bill No. 776)

AN ORDINANCE concerning

CITY STREET - CHANGE OF NAME

FOR the purpose of changing the name of Islamic Way between

Pennsylvania Avenue and Division Street and between Druid
Hill Avenue and McCulloh Street to Wilson Street.

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That the name of Islamic Way between Pennsylvania
Avenue and Division Street and between Druid Hill Avenue and
McCulloh Street be and it is hereby changed, and it shall
hereafter be known as Wilson Street.

SEC. 2. AND BE IT FURTHER ORDAINED, That this Ordinance
shall take effect on the date of its enactment.

Approved February 2, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 438

(Council Bill No. 833)

Ord. No. 4 38

AN ORDINANCE concerning

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION -

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

FOR the purpose of providing a supplementary General Fund

operating appropriation in the amount of $600,000 to the
Department of Housing and Community Development (Program 584
- Center City Development Corporation) to provide for
additional operating expenses.

By authority of

Article VI - Board of Estimates

Section 2(h) (3)

Baltimore City Charter (1964 Revision, as amended)

WHEREAS, The money appropriated herein represents revenue
produced by Unclaimed Property Proceeds ($156,000) and Fiscal
1989 General Fund Unreserved Fund Balance ($444,000) in excess of
the amounts from these sources estimated and relied upon by the
Board of Estimates in determining the tax levy required to
balance the budget for the 1990 fiscal year, and said money is
therefore available for appropriation to the Department of
Housing and Community Development pursuant to the provisions of
Article VI, Section 2(h)(3) of the Baltimore City Charter (1964
Revision, as amended) ; and

WHEREAS, This supplementary General Fund operating
appropriation has been recommended to the City Council by the
Board of Estimates at a regular meeting of the Board held on the
6th day of December, 1989, all in accordance with Article VI,
Section 2(h)(3) of the Baltimore City Charter (1964 Revision, as
amended) .

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That under the provisions of Article VI, Section
2(h)(3) of the 1964 Revision of the Charter of Baltimore City,
the sum of $600,000 shall be made available to the Department of
Housing and Community Development (Program 584 - Center City
Development Corporation) as a supplementary General Fund
operating appropriation for the fiscal year ending June 30, 1990
to provide for additional operating expenses which could not
reasonably be anticipated at the time of formulation of the
proposed fiscal 1990 Ordinance Of Estimates. The amount thus made
available as a supplementary General Fund operating appropriation

Ord. No. 439

shall be expended from revenue derived from Unclaimed Property
Proceeds ($156,000) and Fiscal 1989 General Fund Unreserved Fund
Balance ($444,000) shall be the sources of revenue for this
Balance ($444,000) in excess of the amounts from these sources
which were estimated or relied upon by the Board of Estimates in
determining the tax levy required to balance the budget for the
1990 fiscal year; and said funds from said Unclaimed Property
Proceeds ($156,000) and Fiscal 1989 General Fund Unreserved Fund
supplementary General Fund operating appropriation as required by
Article VI, Section 2 (h)(3) of the Baltimore City Charter (1964
Revision, as amended) .

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Approved February 2, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 4 39

(Council Bill No. 503)

AN ORDINANCE concerning

CITY PROPERTY - OPENING, WIDENING, GRADING, CONSTRUCTION
AND MAINTENANCE OF GABLE AVENUE.

FOR the purpose of authorizing the acquisition by purchase or

condemnation by the Mayor and City Council of Baltimore of
the fee simple interests or such other interests as the
Commissioner of The Department of Transportation may deem
necessary or sufficient, in and to certain pieces or parcels
of land situate in Baltimore City, for highway purposes,
namely for the opening, widening, grading, construction and
maintenance of Gable Avenue extending from Nieman Avenue
Northwesterly 400 feet, more or less, and authorizing the
acquisition by purchase or condemnation of any property,
rights, interests, easements and/or franchises necessary for
the opening, grading, construction and maintenance of said
Gable Avenue; and authorizing the making of all necessary
agreements concerning said Gable Avenue; and authorizing the
construction of said Gable Avenue; the location and course
being shown on plats thereof numbered 117-D-53A Sheets 4 and
5 of 5, filed in the office of the Director of the
Department of Public Works on the Fourteenth (14th) day of
January in the year of 1988 and R.W. 20-35714 filed in the
office of the Director of the Department of Public Works on

Ord. No. 439

the Twelfth (12th) day of August in the year of 1988 and
revised through the Thirtieth (30th) day of August in the
year of 1988, prepared by the Surveys and Records Division
of The Department of Public Works.

BY authority of

Article I - General Provisions

Section - 4

Article II - General Powers

Section - 2, 34

Baltimore City Charter (1964 Revision, as amended).

SECTION 1. Be it ordained by the Mayor and City Council of
Baltimore, That it is necessary to acquire by purchase or
condemnation for public highway purposes, namely, for the
opening, widening, grading, construction and maintenance of Gable
Avenue extending from Nieman Avenue Northwesterly 400 feet, more
or less, the fee simple interests or such other interests as the
Commissioner of the Department of Transportation may deem
necessary in and to the pieces or parcels of land, situate in
Baltimore City, including the improvements thereon, bounded as
follows:

1) Beginning for the same at the point formed by the
intersection of the northeast side of Gable Avenue, as realigned
and widened from its former width of 18 feet to a width of 34
feet and the southeast outline of the parcel of land known as No.
2201 Gable Avenue and running thence binding on the southeast
outline of said parcel of land and on the northwest outline of
Lot 1 as shown on a plat entitled "Subdivision Plat for Westshire
Industrial Park" dated November 1, 1963 and recorded among the
Plat Records of Baltimore City in Plat Pocket Folder J.F.C. No.
1792, there situate, as now surveyed, South 68-56 '-30" West 16.0
feet, more or less, to the southwest outline of said parcel of
land known as No. 2201 Gable Avenue; thence binding on the
southwest outline of said parcel of land. Northwesterly 7.4 feet,
more or less, to intersect the northwest side of Gable Avenue, as
realigned and widened from its former width of 18 feet to a
varying width; thence binding on the northwest side of last said
Gable Avenue, North 50°-18'-45" East 15.1 feet, more or less, and
thence binding in part on the northeast side of last said Gable
Avenue, in part on the northeast side of Gable Avenue mentioned
firstly herein, and in all, South 39*»-4l'-15" East 12.54 feet to
the place of beginning.

Containing 151 square feet of land, more or less.

All as shown on the plat numbered 117-D-53A Sheet 4 of 5.

2) Beginning for the same at the point formed by the
intersection of the center line of Gable Avenue, 18 feet wide and

Ord. No. 439

the southeast outline of the CSX Transportation, Inc., railroad
right of way and running thence binding along the southeast
outline of said right of way and reversely on part of the third
line of the parcel of land conveyed by Lula E. Moeller and
husband to Ocea Brace Rice and wife etal by deed dated March 22,
1948 and recorded among the Land Records of Baltimore City in
Liber M.L.P. No. 7402, Folio 195, to the beginning thereof, there
situate. Northeasterly 34.7 feet, more or less; thence binding
reversely on part of the second line of said deed, Southeasterly
42.3 feet, more or less, to intersect the northeast side of said
Gable Avenue; thence by a straight line drawn at right angles to
the northeast side of said Gable Avenue, South 27*>-30'-44" West
9.00 feet to intersect the center line of said Gable Avenue, and
thence binding on the center line of said Gable Avenue, North 62"
-29 '-16" West 62.5 feet, more or less, to the place of beginning.

Containing 975 square feet of land, more or less.

All as shown on the plat numbered 117-D-53A Sheet 5 of 5.

3) An easement for municipal utilities and services and a
temporary construction easement as shown on the plat numbered
R.W. 20-35714.

All courses and distances in the above descriptions are
referred to the true meridian as adopted by the Baltimore Survey
Control System.

Including all property, rights, interests, easements and/or
franchises necessary for the opening, widening, grading,
construction and maintenance of said Gable Avenue, the location
and course of said Gable Avenue being shown on plats thereof
numbered 117-D-53A Sheets 4 and 5 of 5, filed in the office of
the Director of the Department of Public Works on the Fourteenth
(14th) day of January in the year of 1988 and R.W. 20-35714
filed in the office of the Director of the Department of Public
Works on the Twelfth (12th) day of August in the year of 1988 and
revised through the Thirtieth (30th) day of August in the year of
1988, prepared by the Surveys and Records Division of The
Department of Public Works.

Any mention or reference to any streets, roads, avenues,
highways or alleys in this Ordinance or on the plats referred to
herein are for the purpose of description only, and shall not be
held or taken to be any evidence whatever that said streets,
roads, avenues, highways, alleys or any of them, are public,
dedicated or private thoroughfares.

SEC. 2. AND BE IT FURTHER ORDAINED, That the Commissioner of
The Department of Transportation or the person or persons the
Board of Estimates of Baltimore City may hereafter from time to

Ord. No. 4 3!

time designate, is or are hereby authorized to acquire on behalf
of the Mayor and City Council of Baltimore, and for the purposes
described in this Ordinance, the fee simple interests or such
other interests as the said Commissioner may deem necessary or
sufficient, in and to said pieces or parcels of land and
improvements thereupon, including all property, rights,
interests, easements and/or franchises necessary for the opening,
widening, grading, construction and maintenance of said Gable
Avenue. If the said Commissioner of The Department of
Transportation, or person or persons the Board of Estimates of
Baltimore City may designate are unable to agree with the owner
or owners on the purchase price of any of the said pieces or
parcels of land and improvements thereupon or for any of the said
properties, rights, interests, easements and/or franchises, they
shall forthwith notify the City Solicitor of Baltimore City who
shall thereupon institute in the name of the Mayor and City
Council of Baltimore the necessary legal proceedings to acquire
by condemnation the fee simple interests or such other rights,
interests, easements and/or franchises as the said Commissioner
may deem necessary or sufficient for the purposes of said Gable
Avenue.

SEC. 3. AND BE IT FURTHER ORDAINED, That the proceedings for
the acquisition by condemnation of the property and rights herein
described and the rights of all parties interested or affected
thereby shall be regulated by and be in accordance with the
provisions of The Real Property Article of the Annotated Code of
Maryland (1974), Title 12, Section 101 Et Seq. and any and all
amendments thereto.

SEC. 4. AND BE IT FURTHER ORDAINED, That the said
Commissioner of The Department of Transportation or person or
persons the Board of Estimates of Baltimore City may designate
are also hereby authorized to negotiate for and to enter into in
the name of the Mayor and City Council of Baltimore, any and all
necessary agreements with the Federal and State Governments, or
any of their agencies, and any other persons, firms or
corporations, in aid of, in furtherance of, or in connection with
said Gable Avenue; all such acquisitions and agreements to be
subject to the approval of the Board of Estimates.

SEC. 5. AND BE IT FURTHER ORDAINED, That after the necessary
agreements have been made and the necessary properties, lands,
rights, easements and/or franchises have been acquired as
hereinbefore provided, the Commissioner of The Department of
Transportation of Baltimore City is hereby authorized and
directed to constuct or cause to be constructed the said Gable
Avenue, all in accordance with detailed plans hereafter to be
prepared therefor and after said plans have been approved by the
said Commissioner of the Department of Transportation.

Ord. No. 440

SEC. 6. AND BE IT FURTHER ORDAINED, That this Ordinance "
shall take effect from the date of its enactment.

Approved February 15, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 440

(Council Bill No. 531)

AN ORDINANCE concerning

REZONING - 429 E. 29TH STREET

FOR the purpose of changing the zoning for the property known as
429 E. 29th Street from the B-2-2 Zoning District to the B-
3-2 Zoning District, as outlined in red on the plat
accompanying this ordinance.

BY amending Zoning District Maps
Sheet No. 36
Article 30 - Zoning
Baltimore City Code (1983 Replacement Volume, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That Sheet No. 3 6 of the Zoning District Maps of
Article 30 of the Baltimore City Code (1983 Replacement Volume,
as amended) title "Zoning" be and it is hereby amended by
changing from the B-2-2 Zoning District to the B-3-2 Zoning
District, the property known as 429 E. 29th Street, as outlined
in red on the plat accompanying this ordinance.

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of \
this ordinance by the City Council, as evidence of the #

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the 30th day after the date of its
enactment.

Ord. No. 441

Approved February 15, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 441

(Council Bill No. 613)

AN ORDINANCE concerning

ZONING - APPROVAL FOR CONDITIONAL USE

NURCING HOME CONVALESCENT HOME (SENIOR ASSISTED HOUSING)

FOR the purpose of granting permission for the establishment,
maintenance and operation of a nursing home convalescent
home (senior assisted housing) on the property located at
3912 Dorchester Avenue, as outlined in red on the plats
accompanying this ordinance, subject to final licensure by
the State Department of Health and Mental Hygiene and
defining senior assisted housing.

BY authority of

Article 30 - Zoning

Section(s) 4.2-ld and 11.0-6d

Baltimore City Code (1983 Replacement Volume, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That permission is hereby granted to Janet Jones for
the establishment, maintenance and operation of a nursing home
convalescent home (senior assisted housing) on the property
located at 3912 Dorchester Road, as outlined in red on the plats
accompanying this ordinance, under the provisions of Section (s)
4.2-ld and 11.0-6d of Article 30 of the Baltimore City Code (1983
Replacement Volume, as amended) title "Zoning", and Section 1 of
Article 12, title "Hospitals" of the Baltimore City Code (1983
Replacement Volume, as amended) , subject to final licensure by
the State Department of Health and Mental Hygiene. As used in
this ordinance, "senior assisted housing" means a facility
providing a home-like supervised residential setting for no more
than 11 frail but ambulatory persons age 62 or over and providing
24-hour on-site supervision and assistance with personal care and
housekeeping.

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of the
ordinance by the City Council, as evidence of the authenticity of
the plat which is a part hereof and in order to give notice to
the departments which are administering the Zoning Ordinance, the
President of City Council shall sign the plat and when the Mayor

Ord. No. 442

approves the ordinance, he shall sign the plat. The Director of
Finance shall then transmit a copy of the ordinance and one of
the plats to the following: the Board of Municipal and Zoning
Appeals, the Planning Commission, the Commissioner of the
Department of Housing and Community Development, the Supervisor
of Assessments for Baltimore City and the Zoning Administrator.

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the 30th day after the date of its
enactment.

Approved February 15, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 442

(Council Bill No. 676)

AN ORDINANCE concerning

ZONING CODE - PLANNED UNIT DEVELOPMENT

FOR the purpose of changing the time within which the Zoning

Board and the Planning Commission are required to report to
the City Council on Planned Unit Development bills.

BY repealing and reordaining with amendments
Article 30 - Zoning
Chapter 12 - Planned Developments
Second paragraph of Section 12.0-lb
Baltimore City Code (1983 Replacement Volume, as amended)

ARTICLE 30 - ZONING CODE

Chapter 12 - Planned Developments

12.0-1 Procedure and Standards.

b. Application and Approval.

The Board and the Planning Commission shall forward
their reports and recommendations in writing, together with the
reasons therefor, to the City Council with copies to the Zoning

Ord. No. 44 3

Administrator [within 30 working days, exclusive of holidays, J.
after the ordinancG A BILL APPROVING THE PROPOSED DEVELOPMENT
PLAN has been introduced into the City Council. In the event
that the Board &€ or Planning Commission shall fail to so act on
said ordinancG CITY COUNCIL BILL within [that time, the
development plan shall be deemed to have been favorably reported
by the Board or Commission] 100 DAYS AFTER INTRODUCTION OF A
PROPOSED DEVELOPMENT, THE CITY COUNCIL MAY PLACE THE PROPOCED
DEVELOPMENT SAID BILL ON THE SECOND READING CALENDAR; provided,
however, that the applicant may waive this time limit and consent
to an extension of such period in which event he shall give
written notice of the waiver to the President of the City Council
with copies to the Board, Commission, and the Zoning
Administrator.

SEC. 2. AND BE IT FURTHER ORDAINED, that this ordinance
shall take effect on the 30th day after the date of its
enactment.

Approved February 15, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 44 3

(Council Bill No. 748)

AN ORDINANCE concerning

STREET ENCROACHMENT - 3 00 S. HIGH STREET

FOR the purpose of authorizing the construction and maintenance
of 2 footings on the Albemarle Street side of the property
and an enclosed stairway with a show window on the Fawn
Street side of the property.

By authority

Article 32 - Building Code
Sections 507.1, 507.2, 507.4, 507.8
Baltimore City Building Code (1987 Edition)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That the construction and maintenance of the following
structures extending into the public right of way on the property
known as 300 S. High Street are hereby authorized:

(1) On the Albemarle Street side of the property will be 2
footings both extending approximately 4 feet into the public

Ord. No. 444

right of way, one being approximately 6 feet wide and the
other approximately 7 feet wide;

(2) On the Fawn Street side of the property the enclosed
stairwell with a show window will extend approximately 4
feet into the public right of way and will be approximately
21 feet wide.

Except as in this ordinance specifically provided, all
ordinances and all rules and regulations of the Mayor and City
Council of Baltimore shall be complied with in the construction
and use of these structures.

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Approved February 15, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 444

(Council Bill No. 792)

AN ORDINANCE concerning

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION-
BALTIMORE CITY HEALTH DEPARTMENT

FOR the purpose of providing a supplementary General Fund

operating appropriation in the amount of $439,975 to the
Baltimore City Health Department (Program 300 -
Administrative Direction and Control) to be used for
additional operating expenses.

By authority of

Article VI - Board of Estimates

Section 2(h) (2)

Baltimore City Charter (1964 Revision, as amended)

WHEREAS, The money appropriated herein represents State Aid
- Local Health Operations in excess of the amount from this
source estimated and relied upon by the Board of Estimates in
determining the tax levy required to balance the budget for the
1990 fiscal year, and said money is therefore available for
appropriation to the Baltimore City Health Department pursuant to
the provisions of Article VI, Section 2(h)(2) of the Baltimore
City Charter (1964 Revision, as amended); and

Ord. No. 445

WHEREAS, This supplementary General Fund operating
appropriation has been recommended to the City Council by the
Board of Estimates at a regular meeting of the Board held on the
8th day of November, 1989, all in accordance with Article VI,
Section 2(h)(2) of the Baltimore City Charter (1964 Revision, as
amended) .

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That under the provisions of Article VI, Section
2(h)(2) of the 1964 Revision of the Charter of Baltimore City,
the sum of $439,975 shall be made available to the Baltimore City
Health Department (Program 300 - Administrative Direction and
Control) as a supplementary General Fund operating appropriation
for the fiscal year ending June 30, 1990, to provide for
additional operating expenses which could not reasonably be
anticipated at the time of formulation of the proposed fiscal
1990 Ordinance of Estimates. The amount thus made available as a
supplementary General Fund operating appropriation shall be
expended from State Aid - Local Health Operations in excess of
the amount from this source which was estimated or relied upon by
the Board of Estim.ates in determining the tax levy required to
balance the budget for the 1990 fiscal year; and said funds from
said State Aid - Local Health Operations shall be the source of
revenue for this supplementary General Fund operating
appropriation as required by Article VI, Section 2(h)(2) of the
Baltimore City Charter (1964 Revision, as amended) .

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Approved February 15, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 44 5

(Council Bill No. 793)

AN ORDINANCE concerning

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION-
BALTIMORE CITY HEALTH DEPARTMENT

Ord. No. 445

FOR the purpose of providing a supplementary General Fund

operating appropriation in the amount of $3,754 to the
Baltimore City Health Department (Program 302 -
Environmental Health) to be used for additional operating
expenses .

By authority of

Article VI - Board of Estimates

Section 2 (h) (2)

Baltimore City Charter (1964 Revision, as amended)

V7HEREAS, The additional sum here appropriated is for a
program included in the current Ordinance of Estimates and is
made necessary by a material change in circumstances since the
formulation and adoption of such Ordinance, in accordance with
Article VI, Section 2(h)(2) of said Charter; and

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF ■
BALTIMORE, That under the provisions of Article VI, Section
2(h)(2) of the 1964 Revision of the Charter of Baltimore City,
the sum of $3,754 shall be made available to the Baltimore City
Health Department (Program 302 - Environmental Health) as a
supplementary General Fund operating appropriation for the fiscal
year ending June 30, 1990, to provide for additional operating
expenses which could not reasonably be anticipated at the time of
formulation of the proposed fiscal 1990 Ordinance of Estimates.
The amount thus made available as a supplementary General Fund
operating appropriation shall be expended from State Aid - Local
Health Operations in excess of the amount from this source which
was estimated or relied upon by the Board of Estimates in
determining the tax levy required to balance the budget for the
1990 fiscal year; and said funds from said State Aid - Local
Health Operations shall be the source of revenue for this
supplementary General Fund operating appropriation as required by

Ord. No. 446

Article VI, Section 2(h)(2) of the Baltimore City Charter (1964
Revision, as amended) .

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Approved February 15, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 44 6

(Council Bill No. 794)

AN ORDINANCE concerning

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION-
BALTIMORE CITY HEALTH DEPARTMENT

FOR the purpose of providing a supplementary General Fund

operating appropriation in the amount of $66,262 to the ^

Baltimore City Health Department (Program 304 - Clinical ^

Services) to be used for additional operating expenses. 2

<
By authority of

Article VI - Board of Estimates T

Section 2 (h) (2) C

Baltimore City Charter (1964 Revision, as amended) C

WHEREAS, The money appropriated herein represents State Aid c

- Local Health Operations in excess of the amount from this ^
source estimated and relied upon by the Board of Estimates in
determining the tax levy required to balance the budget for the

1990 fiscal year, and said money is therefore available for r

appropriation to the Baltimore City Health Department pursuant to ^
the provisions of Article VI, Section 2(h)(2) of the Baltimore

City Charter (1964 Revision, as amended); and \

WHEREAS, This supplementary General Fund operating Z-

appropriation has been recommended to the City Council by the ^

Board of Estimates at a regular meeting of the Board held on the ^

8th day of November, 1989, all in accordance with Article VI,

Ord. No. 447

Section 2(h)(2) of the Baltimore City Charter (1964 Revision, as
amended) .

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That under the provisions of Article VI, Section
2(h)(2) of the 1964 Revision of the Charter of Baltimore City,
the sum of $66,262 shall be made available to the Baltimore City
Health Department (Program 304 - Clinical Services) as a
supplementary General Fund operating appropriation for the fiscal
year ending June 30, 1990, to provide for additional operating
expenses which could not reasonably be anticipated at the time of
formulation of the proposed fiscal 1990 Ordinance of Estimates.
The amount thus made available as a supplementary General Fund
operating appropriation shall be expended from State Aid - Local
Health Operations in excess of the amount from this source which
was estimated or relied upon by the Board of Estimates in
determining the tax levy required to balance the budget for the
1990 fiscal year; and said funds from said State Aid - Local
Health Operations shall be the source of revenue for this
supplementary General Fund operating appropriation as required by
Article VI, Section 2(h)(2) of the Baltimore City Charter (1964
Revision, as amended) .

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Approved February 15, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 447

(Council Bill No. 795)

AN ORDINANCE concerning

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION-
BALTIMORE CITY HEALTH DEPARTMENT

FOR the purpose of providing a supplementary General Fund

operating appropriation in the amount of $4,300 to the
Baltimore City Health Department (Program 306 - General
Nursing Services) to be used for additional operating
expenses .

By authority of

Article VI - Board of Estimates

Section 2 (h) (2)

Baltimore City Charter (1964 Revision, as amended)

Ord. No. 447

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF '

BALTIMORE, That under the provisions of -Article VI, Section O^

2(h)(2) of the 1964 Revision of the Charter of Baltimore City, 2* <■

the sum of $4,300 shall be made available to the Baltimore City ,- »

Health Department (Program 306 - General Nursing Services) as a

supplementary General Fund operating appropriation for the fiscal ^ ►

year ending June 30, 1990, to provide for additional operating r "

expenses which could not reasonably be anticipated at the time of Q ', '

formulation of the proposed fiscal 1990 Ordinance of Estimates.

The amount thus made available as a supplementary General Fund ^^^

operating appropriation shall be expended from State Aid - Local g^ r

Health Operations in excess of the amount from this source which
was estimated or relied upon by the Board of Estimates in

determining the tax levy required to balance the budget for the '.

1990 fiscal year; and said funds from said State Aid - Local (

Health Operations shall be the source of revenue for this
supplementary General Fund operating appropriation as required by
Article VI, Section 2(h)(2) of the Baltimore City Charter (1964 r

Revision, as amended) . [

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance )

shall take effect on the date of its enactment.

Approved February 15, 1990 ^

KURT L. SCHMOKE, Mayor -^

Ord. No. 448

CITY OF BALTIMORE

ORDINANCE NO. 44 8

(Council Bill No. 796)

AN ORDINANCE concerning

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION-
BALTIMORE CITY HEALTH DEPARTMENT

FOR the purpose of providing a supplementary General Fund

operating appropriation in the amount of $96,857 to the
Baltimore City Health Department (Program 308 - Children and
Youth Services) to be used for additional operating
expenses.

By authority of

Article VI - Board of Estimates

Section 2 (h) (2)

Baltimore City Charter (1964 Revision, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That under the provisions of Article VI, Section
2(h)(2) of the 1964 Revision of the Charter of Baltimore City,
the sum of $96,857 shall be made available to the Baltimore City
Health Department (Program 308 - Children and Youth Services) as
a supplementary General Fund operating appropriation for the
fiscal year ending June 30, 1990, to provide for additional

Ord. No. 449

operating expenses which could not reasonably be anticipated at
the time of formulation of the proposed fiscal 1990 Ordinance of
Estimates. The amount thus made available as a supplementary
General Fund operating appropriation shall be expended from State
Aid - Local Health Operations in excess of the amount from this
source which was estimated or relied upon by the Board of
Estimates in determining the tax levy required to balance the
budget for the 1990 fiscal year; and said funds from said State
Aid - Local Health Operations shall be the source of revenue for
this supplementary General Fund operating appropriation as
required by Article VI, Section 2(h)(2) of the Baltimore City
Charter (1964 Revision, as amended).

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Approved February 15, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE
ORDINANCE NO. 449

(Council Bill No. 797) ^c

AN ORDINANCE concerning

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION- >* '

BALTIMORE CITY HEALTH DEPARTMENT C^ '

FOR the purpose of providing a supplementary General Fund t .

operating appropriation in the amount of $7,508 to the ^r

Baltimore City Health Department (Program 310 - School ^
Health Services) to be used for additional operating
expenses.

By authority of

Article VI - Board of Estimates v.

Section 2 (h) (2) f^ -

Baltimore City Charter (1964 Revision, as amended) JH "'

00-

WHEREAS, The money appropriated herein represents State Aid ^ -
- Local Health Operations in excess of the amount from this
source estimated and relied upon by the Board of Estimates in

determining the tax levy required to balance the budget for the ^ "

1990 fiscal year, and said money is therefore available for ^

appropriation to the Baltimore City Health Department pursuant to 2 "

the provisions of Article VI, Section 2(h)(2) of the Baltimore ZD *''

City Charter (1964 Revision, as amended); and ^^

Ord. No. 450

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That under the provisions of Article VI, Section
2(h)(2) of the 1964 Revision of the Charter of Baltimore City,
the sum of $7,508 shall be made available to the Baltimore City
Health Department (Program 310 - School Health Services) as a
supplementary General Fund operating appropriation for the fiscal
year ending June 30, 1990, to provide for additional operating
expenses which could not reasonably be anticipated at the time of
formulation of the proposed fiscal 1990 Ordinance of Estimates.
The amount thus made available as a supplementary General Fund
operating appropriation shall be expended from State Aid - Local
Health Operations in excess of the amount from this source which
was estimated or relied upon by the Board of Estimates in
determining the tax levy required to balance the budget for the
1990 fiscal year; and said funds from said State Aid - Local
Health Operations shall be the source of revenue for this
supplementary General Fund operating appropriation as required by
Article VI, Section 2(h)(2) of the Baltimore City Charter (1964
Revision, as amended) .

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Approved February 15, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 4 50

(Council Bill No. 798)

AN ORDINANCE concerning

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION-
BALTIMORE CITY HEALTH DEPARTMENT

Ord. No. 450

FOR the purpose of providing a supplementary General Fund

operating appropriation in the amount of $7,000 to the
Baltimore City Health Department (Program 311 - Health
Services for the Aging) to be used for additional operating
expenses .

By authority of

Article VI - Board of Estimates

Section 2(h) (2)

Baltimore City Charter (1964 Revision, as amended)

WHEREAS, The additional sum here appropriated is for a
program included in the current Ordinance of Estimates and is
made necessary by a material change in circumstances since the

formulation and adoption of such Ordinance, in accordance with -_

Article VI, Section 2(h)(2) of said Charter; and UJ

WHEREAS, This supplementary General Fund operating ^ -
appropriation has been recommended to the City Council by the

Board of Estimates at a regular meeting of the Board held on the . I' ■

8th. day of November, 1989, all in accordance with Article VI, ^

Section 2(h)(2) of the Baltimore City Charter (1964 Revision, as CI
amended) .

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF ^
BALTIMORE, That under the provisions of Article VI, Section

2(h)(2) of the 1964 Revision of the Charter of Baltimore City, 1^

the sum of $7,000 shall be made available to the Baltimore City "ir

Health Department (Program 311 -Health Services for the Aging) as O
a supplementary General Fund operating appropriation for the

fiscal year ending June 30, 1990, to provide for additional ^

operating expenses which could not reasonably be anticipated at f\

the time of formulation of the proposed fiscal 1990 Ordinance of J^

Estimates. The amount thus made available as a supplementary r/^

General Fund operating appropriation shall be expended from State p '
Aid - Local Health Operations in excess of the amount from this
source which was estimated or relied upon by the Board of

Estimates in determining the tax levy required to balance the ^

budget for the 1990 fiscal year; and said funds from said State ^

Aid - Local Health Operations shall be the source of revenue for ^
this supplementary General Fund operating appropriation as

required by Article VI, Section 2(h)(2) of the Baltimore City '^
Charter (1964 Revision, as amended) .

Ord. No. 451

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Approved February 15, 1990 "

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 4 51

(Council Bill No. 814)

AN ORDINANCE concerning

REPEAL OF RESERVED PARKING ORDINANCE

FOR the purpose of repealing Ordinance No. 28, approved

April 1, 1976, which provided for reserved parking on the
east side of Charles Street north of 27th Street for
vehicles transporting blood.

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That Ordinance No. 28, approved April 1, 1976, is
hereby repealed and the authorization for reserved parking on the
east side of Charles Street north of 27th Street, is hereby
rescinded.

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Approved February 15, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 4 52

(Council Bill No. 817)

AN ORDINANCE concerning

REPEAL OF RESERVED PARKING ORDINANCE

FOR the purpose of repealing Ordinance No. 938, approved

May 1, 1987, which provided for reserved parking on the east
side of Spring Street, for Thomas Pridgin.

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That Ordinance No. 938, approved May 1, 1987, is

Ord. No. 4 53

hereby repealed and the authorization for reserved handicap
parking on the east side of Spring Street north of Biddle Street,
is hereby rescinded.

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Approved February 15, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 453

(Council Bill No. 740)

AN ORDINANCE concerning

REZONING - S. HANOVER, W. MONTGOMERY, W. CHURCHILL
AND W. HENRIETTA STREETS

FOR the purpose of changing the zoning for the property known as -

815 S. Hanover Street from the D 2 1 B-1-2 Zoning District Q^

to the R-8 Zoning District, as outlined in red; by changing ^t

the zoning for the property known as 11/13 W. Montgomery ,- -

Street from the B-3-3 Zoning District to the R-8 Zoning "^ *

District, as outlined in blue; by changing the zoning for — ►

the properties known as 817-831 S. Hanover Street from the ^*

R-7 Zoning District to the R-8 Zoning District, as outlined Q^ '

in green; and by changing the zoning for the properties ^

known as 800-826 S. Charles Street, 3/9 W. Montgomery ^^

Street, 15-21 W. Churchill Street and 4-18 W. Henrietta f^ 'r

Street from the B-2-3 Zoning District to the R-8 Zoning "
District, as outlined in orange on the plat accompanying
this ordinance.

BY amending Zoning District Maps
Sheet No. 66
Article 30 - Zoning
Baltimore City Code (1983 Replacement Volume, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That Sheet No. 66 of the Zoning District Maps of
Article 30-Zoning of the Baltimore City Code (1983 Replacement
Volume, as amended) title "Zoning" be and it is hereby amended by
changing the zoning for the property known as 815 S. Hanover
Street from the D 2 1 B-1-2 Zoning District to the R-8 Zoning
District, as outlined in red; by changing the zoning for the
property known as 11/13 W. Montgomery Street from the B-3-3
Zoning District to the R-8 Zoning District, as outlined in blue;

r '

Ord. No. 454

by changing the zoning for the properties known as 817-831 S.
Hanover Street from the R-7 Zoning District to the R-8 Zoning
District, as outlined in green; and by changing the zoning for
the properties known as 800-826 S. Charles Street, 3/9 W.
Montgomery Street, 15-21 W. Churchill Street and 4-18 W.
Henrietta Street from the B-2-3 Zoning District to the R-8 Zoning
District, as outlined in orange on the plat accompanying this
ordinance.

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the 30th day after the date of its
enactment.

Approved February 27, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 4 54

(Council Bill No. 753)

AN ORDINANCE concerning

FRANCHISE FOR A HEAT PUMP -
137 W. LEE STREET

FOR the purpose of granting permission and authority to Michael
J. Peach, his tenants, successors and assigns, to use and
maintain, at his own cost and expense a heat pump and
enclosure extending approximately 4 feet onto the public
sidewalk.

By authority of

Article VIII - Franchises

Charter of Baltimore City (1964 Revision, as amended)

Ord. No. 4 54

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That permission and authority are hereby granted to
Michael J. Peach, his tenants, successors and assigns,
hereinafter referred to as the "Grantee" to use and maintain, at
his own cost and expense, for the period of 25 years, the
following structure:

A heat pump with a wooden enclosure at 137 W. Lee Street to
be located on the Sharp Street side of the building. The
structure will extend approximately 4 feet onto the public
sidewalk and will be approximately 5 feet wide.

SEC. 2. AND BE IT FURTHER ORDAINED, That the structure shall
be maintained in compliance with all applicable laws and
regulations of Baltimore City. The maintenance of the structure
shall be under the supervision of the Grantee and shall be at all
times hereafter subject to the regulation and control by the
Commissioner of the Department of Housing and Community
Development.

SEC. 3. AND BE IT FURTHER ORDAINED, That the said Grantee
shall maintain the structure in good condition throughout the
full term of this grant, so long as the structure exists at the

location described herein. In the event the said structure must ^^

be readjusted, relocated, protected, or supported to accommodate ^

a public improvement, the Grantee shall pay all costs in
connection therewith.

SEC. 4. AND BE IT FURTHER ORDAINED, That the franchise
herein granted shall be held, exercised, and enjoyed for a period '

not to exceed 25 years from the effective date of this ordinance. <^ ^

SEC. 5. AND BE IT FURTHER ORDAINED, That the said Grantee ^C

shall pay to the Mayor and City Council of Baltimore, as »

compensation for the franchise or privilege hereby granted, the [

sum of $120 per year, payable in advance during the continuance
of this franchise or privilege; provided, that the Mayor and City
Council of Baltimore, acting by and through the Board of ',

Estimates, may increase or decrease the franchise charge payable '^ -

by the Grantee under the provisions hereof by giving written [.

notice to that effect to the Grantee at least 150 days prior to U-

the expiration of this first 5 years of the term granted herein, (/^ "

or at the expiration of any subsequent 5 year period of said term f " -

granted herein, any such increase or decrease of said franchise

charge to be effective at the beginning of the next succeeding 5 ^

year period of the term granted herein. ^

SEC. 6. AND BE IT FURTHER ORDAINED, That the Mayor and City t^

Council of Baltimore hereby expressly reserves the right and
power, at all times, to exercise, in the interest of the public,
full municipal superintendence, regulation and control in respect

Ord. No. 454

to all matters connected with this grant, and not inconsistent
with the terms thereof .

SEC. 7. AND BE IT FURTHER ORDAINED, That non-compliance at
any time or times with any of the terms or conditions of the
grant hereby made shall, at the option of the Mayor and City
Council of Baltimore, operate as a forfeiture of the same, which
shall thereupon be and become void, and that nothing short of an
ordinance of the Mayor and City Council of Baltimore shall
operate as a waiver of any forfeiture of the grant hereby made.

SEC. 8. AND BE FURTHER ORDAINED, That the Mayor of Baltimore
City shall have the right to revoke the rights and privileges
hereby granted at any time or times when, in his judgment, the
public interest, welfare, safety, or convenience requires such
revocation, and upon written notice to that effect from the Mayor
of Baltimore City served upon the Grantee, all such rights shall
cease and determine.

SEC. 9. AND BE IT FURTHER ORDAINED, That in the event of any
revocation, forfeiture, or termination of the rights and
privileges by this ordinance granted, the said Grantee shall, at
its expense, promptly remove the structure for which the
franchise is herein granted in a manner satisfactory to the
Commissioner of the Department of Housing and Community
Development, and such removal shall be made without any
compensation to the Grantee and shall be completed within such
reasonable time as specified in writing by the said Commissioner
of the Department of Housing and Community Development.

SEC. 10. AND BE IT FURTHER ORDAINED, That the said Grantee
shall be liable for and shall indemnify and save harmless the
Mayor and City of Baltimore, except for gross negligence by the
City of Baltimore, from and against any and all suits, losses,
costs, claims, damages, or expenses to which the Mayor and City
Council may, from time to time, be subjected on account of, by
reason of, or in any way resulting from:

A. The presence, use, operation, maintenance,
alteration, repair, location, relocation, or removal of the
structure for which the franchise is herein granted; and

B. Any failure on the part of said Grantee to perform,
promptly and properly, any of the duties or obligations imposed
upon it or them by the terms and provisions of this ordinance.

SEC. 11. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Ord. No. 4 55

Approved February 27, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 4 55

(Council Bill No. 762)

AN ORDINANCE concerning

WAIVER OF BUILDING CODE PROVISIONS

FOR the purpose of waiving certain provisions of the Baltimore

City Building Code to permit construction and maintenance of
a projecting ramp for the handicapped at 1801 S. Hanover
Street.

By waiving

Article 32 - Building Code of Baltimore City

Sections 507.2 and 507.12

Baltimore City Building Code (1987 Edition, as amended) ^

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 2

BALTIMORE, That Sections 507.2 and 507.12 of the Baltimore City
Building Code (1987 Edition, as amended are hereby waived in
order to permit the construction and maintenance of improvements
to 1801 S. Hanover Street, consisting of a projecting ramp for
the handicapped not more than 4 feet 3 inches from the building
into the adjoining sidewalk area. Except as in this ordinance

specificaly provided, all ordinances and all rules and ' ^

regulations of the Mayor and City Council of Baltimore shall be ^-

complied with in the construction and use of said structure.

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance ^

shall take effect on the date of its enactment.

Approved February 27, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 4 56

(Council Bill No. 765)

AN ORDINANCE concerning ^

CITY PROPERTY SALE - FEDERAL STREET
87

Ord. No. 456

FOR the purpose of authorizing the Mayor and City Council of

Baltimore to sell, either at public or private sale, all of
the interest of the Mayor and City Council of Baltimore in
and to a certain parcel of land no longer needed for highway
or other public use and known as a portion of Federal Street,
contiguous to the north side thereof, extending from Calvert
Street westerly to Hargrove Alley.

BY authority of

Article V - Comptroller

Section 5 (b)

Baltimore City Charter (1964 Revision, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That the Comptroller be and he is hereby authorized to
sell, either at public or private sale, in accordance with
Article V, Section 5 (b) of the City Charter (1964 Revision, as
amended) , all of the interest of the Mayor and City Council of
Baltimore in and to a portion of Federal Street, contiguous to
the north side thereof, extending from Calvert Street westerly to
Hargrove Alley, in the City of Baltimore, and described as
follows :

Beginning for the same at the point formed by the
intersection of the north side of Federal Street, as now laid
out, and the west side of Calvert Street, 60 feet wide, and
running thence binding on the west side of said Calvert Street,
Southerly 25 feet; thence by a straight line. North 81 -19'-10"
West 125 feet, more or less, to the point formed by the
intersection of the north side of said Federal Street and the
east side of Hargrove Alley, 20 feet wide, and thence binding on
the north side of said Federal Street, Easterly 122 feet, more or
less, to the place of beginning.

Said property being no longer needed for public use.

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds
shall pass in accordance herewith until the same shall have been
first approved by the City Solicitor.

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Approved February 27, 1990

KURT L. SCHMOKE, Mayor

Ord. No. 457

CITY OF BALTIMORE

ORDINANCE NO. 4 57

(Council Bill No. 767)

AN ORDINANCE concerning

CITY PROPERTY SALE - POTEE STREET

FOR the purpose of authorizing the Mayor and City Council of

Council of Baltimore to sell either at public or private sale
all of the interest of the Mayor and City Council of
Baltimore in and to that parcel of land extending on the
southwest side of Potee Street from Bristol Avenue, said
parcel of land being no longer needed for public use.

BY authority of

Article V - Comptroller

Section 5(b)

Baltimore City Charter (1964 Revision, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF ^^

BALTIMORE, That the Comptroller of Baltimore City be and he is C^ C

hereby authorized to sell, either at public or private sale, in ^ c

accordance with Article V, Section 5(b) of the City Charter (1964 - '

Revision, as amended) , all of the interest of the Mayor and City
Council of Baltimore in and to that parcel of land located on the
southwest side of Potee Street from Bristol Avenue, being
described as follows:

Beginning for the same on the southwest side of Potee Street, c

as now laid out 70 feet wide, distant 35.92 feet measured along gi^ r

the southwest side of said Potee Street from the southwest side
of Bristol Avenue, 40 feet wide, said point of beginning also

being the point formed by the intersection of the second line of '

the parcel of land conveyed by Hortense L. Federleicht and ^

Husband, to the Mayor and City Council of Baltimore by deed dated
February 3, 1941 and recorded among the Land Records of Baltimore
City in Liber M.L.P. No. 6137, Folio 203 and the southwest side f

of said Potee Street and running thence binding on the southwest ^.

side of Potee Street the two following courses and distances; z,^ -

namely, by a line curving to the left with the radius of 511.68 ^' -

feet the distance of 17.21 feet which arc is subtended by a chord '

bearing South 25°-33 • -40 . 5" East 17.21 feet and South 26°-31'30"

East 59.35 feet to intersect the northeast side of a 15 foot ^

alley laid out 77.5 feet southwesterly from the southwest side of ^

said Bristol Avenue; thence binding in part reversely on part of ^

the third line of the parcel of land conveyed by Mary C. Morgan

to the Mayor and City Council of Baltimore by deed dated January '^

14, 1941 and recorded among the said Land Records in Liber M.L.P.

Ord. No. 458

No. 6121, Folio 581 to the beginning thereof, in part reversely
on the third line of the deed mentioned firstly herein, and in
all on the northeast side of said 15 foot alley, as now surveyed.
North 68°-42'-20" West 56.52 feet to the end of the second line
of said deed mentioned firstly herein and thence binding
reversely on part of the second line of the said deed mentioned
firstly herein, North 21°-16'-20" East 51.62 feet to the place of
beginning.

Containing 1451.36 square feet or 0.0333 acre of land, more
or less. J

Said property being no longer needed for public use. '

All courses and distances in the above description are
referred to the True Meridian as adopted by the Baltimore Survey
Control System.

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds
shall pass in accordance herewith until the same shall have been
first approved by the City Solicitor.

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance shall
take effect on the date of its enactment.

Approved February 27, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 4 58

(Council Bill No. 779)

AN ORDINANCE concerning

ZONING - APPROVAL FOR CONDITIONAL USE HOUSING
FOR THE ELDERLY - 2 7 02 KEYWORTH AVENUE

I
i

FOR the purpose of granting permission for the establishment,
maintenance and operation of housing for the elderly on the
property known as 2702 Keyworth Avenue, as outlined in red on
plats accompanying this ordinance.

BY Authority of

Article 30-Zoning

Sections 4.6-ld-5 and 11.0-6d

Baltimore City Code (1983 Replacement Volume, as amended)

Ord. No. 459

SEC. 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That permission is hereby granted for the
establishment, maintenance and operation of housing for the
elderly on the property known as 2702 Keyworth Avenue, as
outlined in red on the plats accompanying this ordinance, under
the provisions of Sections 4.6-ld-5 and 11.0-6d of Article 30 of
the Baltimore City Code (1983 Replacement Volume, as amended)
title "Zoning".

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of
this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order to
give notice to the departments which are administering the Zoning
Ordinance, the President of the City Council shall sign the plat
and when the Mayor approves the ordinance, he shall sign the
plat. The Director of Finance shall then transmit a copy of the
ordinance and one of the plats to the following: The Board of
Municipal and Zoning Appeals, the Planning Commission, the
Commissioner of the Department of Housing and Community
Development, the Supervisor of Assessments for Baltimore City and
the Zoning Administrator.

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the 30th day after the date of its ^'

enactment. t-J ».

Approved February 27, 1990 ^ -- '

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE I

ORDINANCE NO. 4 59 t

(Council Bill No. 780)

AN ORDINANCE concerning

ZONING - APPROVAL FOR CONDITIONAL USE
PARKING LOT - 2701-2707 KEYWORTH AVENUE

AND 2 7 07 ACME AVENUE [.

FOR the purpose of granting permission for the establishment, (/^

maintenance and operation of an open off-street parking area r '
on the properties known as 2701-2707 Keyworth Avenue and 2707

Acme Avenue, as outlined in red on the plats accompanying ;-

this ordinance. P'

Ord. No. 460

BY authority of

Article 30 - Zoning

Section(s) 4.6-ld-3 and 11.0-6d

Baltimore City Code (1983 Replacement Volume, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That permission is hereby granted for the
establishment, maintenance and operation of an open off-street
parking area on the properties known as 2701-2707 Keyworth Avenue
and 2707 Acme Avenue, as outlined in red on the plats
accompanying this ordinance, under the provisions of Section(s)
4.6-ld-3 and 11.0-6d of Article 30 of the Baltimore City Code
(1983 Replacement Volume, as amended), title "Zoning".

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the 30th day after the date of its
enactment.

Approved February 27, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 4 60

(Council Bill No. 784)

AN ORDINANCE concerning

RELEASE OF RIGHT OF WAY - A PORTION OF A RIGHT OF WAY
HERETOFORE GRANTED TO THE MAYOR AND CITY COUNCIL OF BALTIMORE
THROUGH THE PROPERTY OF THE CANTON COMPANY OF BALTIMORE, THE USE
OF SAID RIGHT OF WAY IS NO LONGER NEEDED FOR PUBLIC PURPOSES.

FOR the purpose of authorizing the release and surrender by the
Mayor and City Council of Baltimore of all of its interests
in and to a portion of a right of way heretofore granted to

Ord. No. 460

the City of Baltimore through the property of the Canton
Company of Baltimore. The location and course of said right
of way being described in that Deed dated as of December 13,
1913 from the Canton Company of Baltimore, recorded among the
Land Records of Baltimore City at Liber S.C.L. No. 2866,
folio 410.

BY the authority of

Article 25 - Sections 1-25

Baltimore City Code (1983 Replacement Volume as amended)

Article II - Section 31

Article V - Section 5(b)

Article VII - Sections 29-44, 129

Baltimore City Charter (1964 Revision, as amended).

WHEREAS, By that Deed dated as of December 13, 1913 from the
Canton Company of Baltimore and recorded among the Land Records
of Baltimore City at Liber S.C.L. No. 2866, folio 410, the Canton
Company of Baltimore granted to the Mayor and City Council of
Baltimore the right of way for the construction and perpetual

maintenance of a thirty (30) inch storm water drain or sewer from C

the south side of Boston Street to the Harbor in the right of way U

more particularly described in said Deed; and -. 7

WHEREAS, The portion of said right of way hereinafter ^' c

described and the public utility which had previously been ^- '
constructed therein will no longer be needed for public use upon "' T

the construction of a substitute public utility in another right «sl ^

of way, which right of way will be granted to the Mayor and City ^ I-

Council of Baltimore in accordance with that certain Developer's Q- *'
Agreement by and between the Mayor and City Council of Baltimore

and Anchorage Plaza Limited Partnership dated as of September 20, - .

1989; therefore, <:I ^

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That the Comptroller of Baltimore is hereby authorized
on behalf of the Mayor and City Council of Baltimore to execute ^

and deliver unto the owner or owners of land within which the
right of way hereinafter described is located, a

release and surrender of all of the interest of the City of '

Baltimore in and to the portion of the right of way described as ^«

follows: f^ "

r ' -
Beginning at a point on the southerly building line of Boston

Street said point being distant measured easterly along said _^

building line twelve and seven-tenths feet (12.7') more or ^^

less from the intersection of said southerly building line ^

and the westerly building line of Leakin Street if produced
southerly, thence easterly along said southerly building line

five feet (5.0') to a point thence southerly parallel with *"

said westerly building line produced two hundred eleven and

Ord. No. 461

seven-tenths feet (211.7') more or less to a point on the
existing bulkhead, thence westerly along said bulkhead five
feet (6.0') to a point thence northerly parallel with said
westerly building line produced two hundred eleven and seven-
tenths feet (211.7') more or less to the place of beginning. ■
Being in all two hundred forty-three ten-thousandths of an
acre (0.0243). Together with the right to use during the
period of construction of said drain or sewer such additional
land of the Canton Company of Baltimore parallel or
contiguous to the strip of land hereinabove described as may
be required for all purposes reasonably necessary in the
construction of said drain or sewer by the Mayor and City
Council of Baltimore, its agents, servants or contractors.

The right of way described hereinabove will no longer be
needed for public purposes upon the completion of the substitute
public utility and the granting of the substitute right of way in
accordance with said Developer's Agreement.

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed, release or
other instrument releasing the interest of the City of Baltimore
in and to the above-described right of way shall be delivered
until the substitute public utility has been completed and
accepted by the Director of the Department of Public Works in
accordance with said Developer's Agreement and until such deed,
release or other instrument shall have first been approved by the
City Solicitor.

SEC. 3. AND BE IT FURTHER ORDAINED, That the deed, release or
other instrument releasing the interest of the City of Baltimore
in and to the above-described right of way shall be delivered to
the owner or owners of the land in which said right of way is
located simultaneously with the delivery to the City of Baltimore
of the substitute right of way in accordance with said
Developer's Agreement.

SEC. 4. AND BE IT FURTHER ORDAINED, That this ordinance shall
take effect on the date of its enactment.

Approved February 27, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE
ORDINANCE NO. 4 61
(Council Bill No. 791)
AN ORDINANCE concerning

Ord. No. 461

CITY PROPERTY SALE - VINEYARD LANE

FOR the purpose of authorizing the Mayor and City Council of

Baltimore to sell either at public or private sale all the
interest of the Mayor and City Council of Baltimore in and to
a certain portion of Vineyard Lane, contiguous to the south
side thereof extending from Greenmount Avenue westerly 11.67
feet and a portion of Vineyard Lane, contiguous to the south
and southeast sides thereof extending from a point 164.34
feet west of Greenmount Avenue westerly and southwesterly 64
feet, more or less.

BY authority of

Article V - Comptroller

Section 5(b)

Baltimore City Charter (1964 Revision, as amended)

Revision, as amended) , all of the interest of the Mayor and City ^

Council of Baltimore in and to a certain portion of Vineyard r\'r*

Lane, contiguous to the south side thereof extending from C— J U

Greenmount Avenue westerly 11.67 feet and a portion of Vineyard "2^.^

Lane, contiguous to the south and southeast sides thereof C' w^

extending from point 164.34 feet west of Greenmount Avenue "; p

westerly and southwesterly 64 feet, more or less. «r^ iT

Beginning for Parcel No. 1 at the point formed by the d "^

intersection of the west side of Greenmount Avenue, 66 feet wide <'

and the south side of Vineyard Lane, as now laid out, and running c: - -

thence binding on the south side of said Vineyard Lane, North 86° *^ ^
- 32' 00" West 11.67 feet to intersect the north face of the north \

wall of the one story masonry building situate on the property

known as No. 3010/20 Greenmount Avenue; thence binding along the ^

north face of the north wall of the one story masonry building w
situate on said property. North 87° - 54' - 30" East 11.67 feet i^

to the west side of Greenmount Avenue, and thence binding on the v.

west side of said Greenmount Avenue, South 00° - 21' - 00" West T

1.13 feet to the place of beginning. ^ -'

Beginning for Parcel No. 2 at a point on the south side of
Vineyard Lane, as now laid out distant North 86° - 32' - 00" West
164.34 feet measured along the south side of said Vineyard Lane
from the west side of Greenmount Avenue, 66 feet wide, and
running thence binding on the south side of said Vineyard Lane,
North 86° - 32' - 00" West 11.58 feet to intersect the southeast
side of Vineyard Lane, as now laid out; thence binding on the
southeast side of last said Vineyard Lane, South 40° - 00' - 00"
West 52.31 feet to intersect the west face of the west wall of

C/0

Ord. No. 462

the one story masonry building situate on the property known as
No. 3001 Vineyard Lane; thence binding along the west, northwest
and north faces of the west, northwest and north walls
respectively of the one story masonry building situate on said
property the three following courses and distances; namely, North
00° - 17' - 00" East 1.11 feet. North 40° - 12 ' - 00" East 51.72
feet and South 86° - 29 • - 00" East 11.82 feet to the
northeasternmost corner of said building and thence binding along
the east face of the east wall of the one story masonry building
situate on said property. South 00° - 17 ' - 00" West 0.53 feet to
the place of beginning.

Said property being no longer needed for public use.

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds
shall pass in accordance herewith until the same shall have been
first approved by the City Solicitor.

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Approved February 27, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 4 62

(Council Bill No. 805)

AN ORDINANCE concerning

CITY PROPERTY SALE - LIGHT STREET

FOR the purpose of authorizing the Mayor and City Council of
Baltimore to sell at either public or private sale all of
the interest of the Mayor and City Council of Baltimore in
and to a certain parcel of land and improvements located at
1513-1519 Light Street, Baltimore, Maryland, said parcel of
land and improvements being no longer needed for public use.

BY authority of

Article V - Comptroller

Section 5(b)

Baltimore City Charter (1964 Revision, as amended)

Ord. No. 463

Revision, as amended) , all of the interest of the Mayor and City
Council of Baltimore in and to a certain parcel of land and
improvements situate in Baltimore, Maryland, and described as
follows:

Formerly known as 1513-1519 South Light Street (Block 1007,
Lot 7 through 10) containing 3,500 square feet of land, more or
less.

Said property being no longer needed for public use.

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds
shall pass in accordance herewith until the same shall have been
first approved by the City Solicitor.

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Approved February 27, 1990

KURT L. SCHMOKE, Mayor

DD
>-'

CITY OF BALTIMORE
ORDINANCE NO. 4 63
(Council Bill No. 819]
AN ORDINANCE concerning

SUPPLEMENTARY MAYOR AND CITY COUNCIL REAL PROPERTY z '

ACCOUNT CAPITAL APPROPRIATION - BALTIMORE CITY PUBLIC SCHOOLS t ".

FOR the purpose of providing a supplementary Mayor and City '

Council Real Property Account Capital appropriation in the
amount of $323,123 to the Baltimore City Public Schools
(Account No. 9932-418-194) to fund change orders for the
Garrison Middle School capital project.

By authority of

Article VI - Board of Estimates ^. -

Section 2(h) (1) (J^^ "

Baltimore City Charter (1964 Revision, as amended)

WHEREAS, The money appropriated herein represents revenue
produced from the sale of Baltimore City Public Schools'
properties in excess of the amount from these sources estimated
and relied upon by the Board of Estimates in determining the tax
levy required to balance the budget for the 1990 fiscal year, and
said money is therefore available for appropriation to the
Baltimore City Public Schools pursuant to the provisions of

Ord. No. 464

Article VI, Section 2(h)(1) of the Baltimore City Charter (1964
Revision, as amended) ; and

WHEREAS, The additional sum here appropriated is made
available for expenditure by the municipal agency responsible for
the production of such revenues in accordance with Article VI,
Section 2(h)(1) of said Charter; and

WHEREAS, This supplementary Mayor and City Council Real
Property Account Capital appropriation has been recommended to
the City Council by the Board of Estimates at a regular meeting
of the Board held on the 29th day of November, 1989, all in
accordance with Article VI, Section 2(h)(1) of the Baltimore City
Charter (1964 Revision, as amended).

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That under the provisions of Article VI, Section
2(h)(1) of the 1964 Revision of the Charter of Baltimore City,
the sum of $323,123 shall be made available to the Baltimore City
Public Schools (Account No. 9932-418-194) as a supplementary
Mayor and City Council Real Property Account Capital
appropriation for the fiscal year ending June 30, 1990 to fund
change orders for the Garrison Middle School capital project.
The amount thus made available as a supplementary Mayor and City
Council Real Property Account Capital Appropriation shall be
expended from revenue produced from the sale of Baltimore City
Public Schools' properties in excess of the amount from these
sources which was estimated or relied upon by the Board of
Estimates in determining the tax levy required to balance the
budget for the 1990 fiscal year; and said funds from said revenue
produced from the sale of Baltimore City Public Schools'
properties shall be the source of revenue for this supplementary
Mayor and City Council Real Property Account Capital
appropriation as required by Article VI, Section 2(h)(1) of the
Baltimore City Charter (1964 Revision, as amended).

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall
take effect on the date of its enactment.

Approved February 27, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE
ORDINANCE NO. 4 64
(Council Bill No. 821)
AN ORDINANCE concerning

Ord. No. 464

FRANCHISE - RAILROAD TRACKS AND SWITCHES
ON EASTBOURNE AVENUE

FOR the purpose of granting permission and authority to Canton
Railroad Company to maintain and operate railroad tracks and
switches in the bed of Eastbourne Avenue between Rappolla
Street (formerly 18th Street) and Savage Street (formerly
19th Street) , and to repeal Ordinance No. 213 approved July
15, 1968.

BY authority

Article VIII - Franchises

Charter of Baltimore City (1964 Revision, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That permission and authority be and the same are
hereby granted to Canton Railroad Company, its successors and
assigns (hereinafter collectively referred to as "Grantee") to
maintain and operate at its own cost and expense, for a period
not to exceed 25 years, railroad track (s) and switches located as
described herein.

Being &^he 60 linear feet of track, and three (3) switches
located in the bed of Eastbourne Avenue between the centerline of
Rappolla Street (formerly 18th Street) and the centerline of
Savage Street (formerly 19th Street) in the First Councilmanic
District of the City of Baltimore.

SEC. 2. AND BE IT FURTHER ORDAINED, That the Grantee shall r-^'

pay to the City of Baltimore, as compensation for the license Dt
hereby granted, the sum of $270 per year, payable in advance

during the continuance of this license, or any renewal thereof; t

and subject to the increase or decrease of this charge as tf^
provided in Section 3 hereof.

SEC. 3. AND BE IT FURTHER ORDAINED, That the Mayor and City
Council of Baltimore (hereinafter referred to as "City") hereby ^^

expressly reserves the right and power, at all times/ to
exercise, in the interest of the public, full municipal

superintendence, regulation and control in respect to all matters [_

connected with this grant, and not inconsistent with the terms U—

thereof. This license herein granted shall be held, exercised (j^

and enjoyed for a period of one year from the effective date of r -

this ordinance, with the further right to the Grantee to 24
consecutive one-year renewals of the license, each such renewal

to be for a period of one year upon the same terms and conditions ^

as the original one-year grant, except as otherwise provided ^

herein. Each one-year renewal period shall take effect
immediately upon the expiration of the original or renewal term

then in force, without any action being taken on behalf of either '

the City or the Grantee, but the total time during which the

Ord. No. 464

license shall operate, including the original term and all
renewals thereof, shall not exceed, in the aggregate, 25 years
except as otherwise permitted by the City Charter. Provided that
the City, acting by and through the Board of Estimates, may
increase or decrease the license charge payable by the Grantee
under the provisions hereof, by giving written notice to that
effect to the Grantee at least 180 days prior to the expiration
of the original one-year term granted herein, or any yearly
renewal term herein granted which becomes effective after any
increase or decrease in said license charge has occurred.
Provided further, that the City, acting by and through the
Director of Public Works and to accommodate a public improvement
or for other public purpose, or the Grantee may terminate the
license granted herein by giving written notice to that effect to
the other at least 180 days prior to the expiration of the
original one-year term granted herein or any one-year renewal
term herein granted and then in effect; provided, however, that
except for situations involving emergencies, this Ordinance may
not be so terminated, without the consent of the Grantee, where
such termination would place the Grantee, through no fault of its
own, in violation of a contract statute or rule of regulation to
which it is subject.

SEC. 4. AND BE IT FURTHER ORDAINED, That material
noncompliance by said Grantee at any time or times, with any of
the terms or conditions of the grant hereby made shall, at the
option of the City, operate as a forfeiture of said grant, and
the City, acting by and through the Director of Public Works, may
terminate the license granted herein where said Grantee is in
material breach of its duties and obligations hereunder and said
Grantee fails to commence to cure such breach or non-compliance
as soon as practicable but in no event longer than 30 days of
receipt by said Grantee from the City of written notice to cure
such breach. In the event of a failure by Grantee to (1) cure
any such breach or non-compliance, or (2) to have commenced a
reasonably diligent effort to cure such breach or non-compliance
within such 30 day period nothing, other than an ordinance of the
City, shall operate as a waiver of any termination of forfeiture
of the grant hereby made.

SEC. 5. AND BE IT FURTHER ORDAINED, That the said Grantee
shall, at its own expense in operating and maintaining, from time
to time, its said switches and railroad track (s) on said streets
and alleys, adjust its said tracks to the grades of said streets
and alleys as the same are now or may hereafter be established by
law, and shall, at its own expense, keep the said tracks and the
spaces between the rails of said tracks and for two feet on
either side thereof in thorough repair, and shall, at its own
expense, keep the same free from snow or other obstruction, but
without obstructing the other portions of said streets and alleys
on either side of said tracks, and shall pay to the City, if and

100

Ord. No. 4 64

so often as said streets and alleys, or any of them, shall be
paved or repaved by agents duly authorized by law, the cost of
paving or repaving the spaces between the rails of said tracks
and for two feet on either side thereof, of whatever materials
the same may be constructed. "Thorough repair" as defined herein
shall mean repair of the tracks and switches in accordance with
standards imposed upon the Grantee by the Interstate Commerce
Commission — ( "ICC" ) — or the Maryland Department of Transportation
("MOOT") .

SEC. 6. AND BE IT FURTHER ORDAINED, That the tracks and
switches hereby authorized shall be maintained and operated under
the supervision and to the reasonable satisfaction of the
Director of Public Works and the Commissioner of the Department
of Transportation, and that the rails to be used therein, shall
be of such character, size and weight as the said Director of
Public Works and Commissioner of the Department of Transportation
shall determine; provided, however, that such determination shall
be made by the application by said Director and/or Commissioner
of the standards for the character, size and weight of such rail
as may be imposed by the ICC and/or the MDOT. The Grantee,
hereunder, its successors or assigns, shall, from time to time,
at its or their own expense, change the location of the tracks
and switches hereby authorized, or any of them, whenever in the
judgment of said Director of Public Works and Commissioner of the
Department of Transportation the public interest, convenience,
safety and/or welfare may reasonably so require.

SEC. 7. AND BE IT FURTHER ORDAINED, That the Mayor of
Baltimore City shall have the right to revoke without prior
notice, at any time or times, the rights and privileges hereby
granted when, in the Mayor's judgment, a public emergency
requires such revocation, and upon written notice to that effect
from the Mayor of Baltimore served upon the Grantee hereunder,
all such rights shall cease and terminate.

SEC. 8. AND BE IT FURTHER ORDAINED, That said Grantee shall
be liable for and shall indemnify and save harmless the City,
except for gross negligence of the City or any of its agents,
employees, servants or officials, against any and all suits,
losses, costs, claims, damages, or expenses to which the City may
from time to time be subjected on account of, by reason of, or as
a result of:

A) the presence, use, operation, maintenance, repair,
relocation or removal of the switches and tracks for which the
franchise is herein granted; and

B) any failure on the part of said Grantee to perform
promptly and properly, any of the duties or obligations imposed
upon it by the terms and provisions of this ordinance.

101

"Z.^

-JC

c:'

•=:^

«^':

u-^

s_ -

P-.

C/5'

C^'

U- :

•Z'

Ord. No. 464

SEC. 9. AND BE IT FURTHER ORDAINED, That upon the termination
of the franchise herein granted: (a) by any action taken by
either the City or the Grantee; (b) by removal by the Grantee of
the tracks and switches herein authorized; (c) by forfeiture of
any or all of the rights herein granted; (d) by abandonment of
the use of any or all of the switches and tracks herein
authorized by the Grantee, the said Grantee, shall promptly
remove the switches and tracks and appurtenances so affected, at
its sole and entire expense, when ordered to do so by the said
Director of Public Works and/or Commissioner of the Department of
Transportation. Upon any and all such removals of switches and
tracks, the Grantee shall promptly pave or repave, at is entire
expense, the street bed, curbs and sidewalks of all streets and
alleys disturbed by such removal of switches and tracks, the said
paving or repaving to be done with such materials and in such
manner as may be designated by the Director of Public Works
and/or Commissioner of the Department of Transportation, in each
instance.

SEC. 10. AND BE IT FURTHER ORDAINED, That should the said
Grantee fail, neglect, or refuse to perform within a reasonable
time any of the work herein to be done, from time to time, then
and in any and all such instances the said City is hereby
authorized to proceed to do said work and collect all costs and
expenses thereof from said Grantee.

SEC. 11. AND BE IT FURTHER ORDAINED, That if at any time or
times hereafter in the performance of any public work (whether
said public work is governmental or proprietary in function,
whether said public work be performed and/or financed either in
whole or in part by the City, State and/or the Federal
government, or any of their agencies, and including, but not
limited to, highway or expressway construction or relocation,
urban renewal and public works, and housing projects or any
nature) the said Director of Public Works and/or Commissioner of
the Department of Transportation shall in his judgment determine
that the public interest, convenience, safety, and/or welfare
require the adjusting, altering, shifting, moving, relocating,
supporting, protecting and/or accommodating of any or all of said
switches and tracks, the said Grantee shall, in any and all such
cases, promptly upon written notice from the said Director of
Public Works and/or Commissioner of the Department of
Transportation, without compensation and at the entire cost and
expense of the said Grantee, adjust, alter, shift, move,
relocate, support, protect and/or accommodate its said tracks, in
whole or in part and temporarily or permanently, so as to fully
meet the exigencies occasioning such notice.

SEC. 12. AND BE IT FURTHER ORDAINED, That the rights by this
ordinance granted to continue to maintain and operate the said
switches and tracks on Eastbourne Avenue shall be revocable by

102

Ord. No. 465

the Board of Estimates of Baltimore City whenever in its judgment
the public interest, welfare and/or convenience may so require,
and within six months after written notice of such revocation
from the Director of Public Works and/or Commissioner of the
Department of Transportation, the said Grantee shall, at its own
expense and without compensation to it, remove the said switches
and track on Eastbourne Avenue, and all the other provisions of
this ordinance in any way relating to removal of tracks shall
apply to such removal upon notice of revocation.

SEC. 13. AND BE IT FURTHER ORDAINED, That Ordinance No. 213,
approved July 15, 1968, be and the same is hereby repealed;
provided, however, that no claims, damages, charges and/or
liabilities which have arisen, accrued, or become due under said
Ordinance No. 213, approved July 15, 1968, at any time or times
prior to the effective date of this ordinance, shall be in any
way affected by the enactment of this ordinance.

SEC. 14. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Approved February 27, 1990 "

KURT L. SCHMOKE, Mayor ^

CITY OF BALTIMORE 2 f

ORDINANCE NO. 4 65 ^^

(Council Bill No. 822) q- ^

AN ORDINANCE concerning ^- v

ZONING - PLANNED UNIT DEVELOPMENT - '^ ^

BOYLE STREET AND EAST FORT AVE *-

FOR the purpose of approving the application of Fort McHenry, C

Inc., Contract Purchaser of certain property located in
Baltimore City, lying southeast of the intersection of Boyle
Street and East Fort Avenue, consisting of 10.30 acres, more
or less, to have said property designated an Industrial
Planned Unit Development in accordance with Sections 12.0-1,
12.0-4 and 12.0-5 of Article 30 of the Baltimore City Code C/; ^

(1983 Replacement Volume, as amended) and to approve the Q' "■

Development Plan submitted by Fort McHenry, Inc. '^^

WHEREAS, It is the intention of Fort McHenry, Inc. to develop ^

the property as a neighborhood shopping center; and ^T ^

WHEREAS, On November 1, 1989, Fort McHenry, Inc. met with the ^— '

Department of Planning of Baltimore City to hold a pre-petition

103

Ord. No. 465

conference to explain the scope and nature of existing and
proposed development on the subject property in order to
institute proceedings to have said property designated an
Industrial Planned Unit Development; and

WHEREAS, Fort McHenry, Inc. hereby makes formal application
to the City Council of Baltimore City and together herewith has
submitted the requisite Development Plan, dated NovGrnbor 0, — 1000
January 4. 1990, consisting of the following drawings: Cover
sheet; S-IA. Site plan; S-1. Landscape Plan; Existing Site Plan;
A - Shopping Building A; B - Shopping Building B; C - Shopping
Building C; D - Food Store; E - Fast Food; F - Bank; G - Bovle
Street Elevation; H - Fort Avenue Elevation; J - Typical Store
Elevation; S - Awning - Canopy Detail; X -Fence Elevation;
Construction Schedule, intended to satisfy the requirements
specified in Sections 12.0-1, 12.0-4 and 12.0-5 of Article 30 of
the Baltimore City Code (1983 Replacement Volume, as amended);
and

WHEREAS, Fort McHenry, Inc., in requesting the introduction
of this bill, signifies its intention to maintain the development
of the property in accordance with the Development Plan; now,
therefore,

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That the application of Fort McHenry, Inc. to
designate the property southeast of the intersection of Boyle
Street and East Fort Avenue, consisting of 10.30 acres, more or
less, as outlined in the Development Plan accompanying this
ordinance, an Industrial Planned Unit Development pursuant to
Article 30, Sections 12.0-1, 12.0-4, and 12.0-5 of the Baltimore
City Code (1983 Replacement Volume, as amended) be and it is
hereby approved.

SEC. 2. AND BE IT FURTHER ORDAINED, That the Development Plan
(as scheduled in the recital paragraph of this Ordinance)
submitted by Fort McHenry, Inc. attached hereto and made a part
hereof, be and it is hereby approved.

SEC. 3. AND BE IT FURTHER ORDAINED, That in accordance with
the provisions of Sections 12.0-4 (a) and 12. 0-5 (a), the following
uses are permitted within the Industrial Planned Unit
Development:

All uses which are now or may in the future be permitted as
of right or conditionally in the B-2 zoning district in
accordance with Section 6.2-1 of Article 30 of the Baltimore City
Code, except arcades, taverns and liquor storesTj. and in addition
the following uses are permitted: automobile accessory store,
including repair and installation, subject to site plan approval
by the Planning Commission; drive-in restaurant (including pick

104

Ord. No. 465

up drives with window service) ; tire and battery retailer; retail
bake shop with on-premises baking; computer center including
retail sales and service; artisans and craft work, with no more
than five (5) employees on premises at one time; automobile glass
and mirror including installation, subject to site plan approval
by the Planning Commission; machinery sales and rental -
household, business, office; photographic printing and
developing; commercial schools; telephone stores; maritime
supplies with no outdoor storage; motor vehicle rental office,
provided that on-site vehicle storage be subject to Planning
Commission approval; plumbing, electrical, heating showroom with
no outdoor storage; combination laundry and dry cleaning
establishment with not more than four employees on the premises
in addition to one owner or manager, provided that additional
employees may be permitted subject to Planning Commission
approval; parcel collection and delivery stores; furniture and
appliance rental establishments.

SEC. 4. AND BE IT FURTHER ORDAINED, That upon passage of this
Ordinance by the City Council, as evidence of the authenticity of

the Development Plan which is a part hereof and in order to give //

notice to the departments which are administering the Zoning r

Ordinance, the President of the City Council shall sign the ^

Development Plan, and when the Mayor approves the Ordinance, he OD

shall sign the Development Plan. The City Treasurer shall then ^^^ ^

submit a copy of the Ordinance and the Development Plan to the ^^ m,

Board of Municipal and Zoning Appeals, the Planning Commission ^^

and the Zoning Administrator. ^-^ C-

SEC. 5. AND BE IT FURTHER ORDAINED, That this Ordinance lo

pQoacd on the condition that Fort McHcnry, — Inc. , — its aucccssora

and assigns, — shall — implement, — execute, — substantially complete and

maintain the development of the property in accordance within the

DGvclopmont Plan, subsequent to the passage of this Ordinance by

the City Council, all plans for construction of improvements upon

the property shall be reviewed and approved by the Planning i-^ ^

Commission to insure that such plans are consistent with the (^

Development Plan and this Ordinance.

SEC. 6. AND BE IT FURTHER ORDAINED, That subsequent to the
passage of this ordinance by the City Council, all changes in the
approved development plan for the development of the property

shall be reviewed and approved by the Planning Commission for ^

insurance of such changes consistent with this ordinance. D- ''

SEC. 7. AND BE IT FURTHER ORDAINED. That, for a period of ^ ^

five years beginning on the date of opening of the proposed ^r*.

shopping center, no less than 20.000 square feet of leasable ^ ^

space in the center shall be limited to any combination of the p— ^

following categories of uses; banks and building and loan . ^^

associations; barber shops; battery and tire sales and service;

105

Ord. No. 466

beauty shops; check cashing agencies; dry cleaning
establishments; furniture and appliance rental establishments;
launderette; medical and dental clinics; offices - business,
governmental and professional fincluding. without limitation,
insurance sales establishments, real estate sales establishments,
tax and bookkeeping establishments, legal clinics); optician
sales; parcel collection and delivery stations; photocopying
service; photographer; photographic printing and developing;
physical culture and health services - gymnasiums, reducing
salons and public baths; post offices; travel bureaus; video
movie stores, sales and rentals. Provided that, prior to the
expiration of the aforesaid five year period, the Planning
Commission shall review the circumstances of the shopping center'
(including the vacancy rate therein) and determ.ine whether the
aforesaid limitation should be continued for an additional five
year period.

SEC. =f- 8. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the 30th day after the date of its
enactment.

Approved February 27, 1990

KURT L. SCHMOKE, Mayo|

CITY OF BALTIMORE

ORDINANCE NO. 4 66

(Council Bill No. 875)

AN ORDINANCE concerning

RETIREMENT SYSTEMS - DIVESTITURE PROVISIONS

FOR the purpose of deleting Namibia as a prohibited country for
investment by the Board of Trustees.

BY repealing and reordaining with amendments
Article 22 - Retirement Systems
Subtitle - Employees' Retirement System
Section 7(a) (13) (i)
Baltimore City Code (1983 Replacement Volume, as amended)

Article 22 - Retirement Systems

Subtitle - Elected Officials' Retirement System

Section 23 fb)

Baltimore City Code (1983 Replacement Volume, as amended)

Article 22 - Retirement Systems
Subtitle - Fire and Police Employees

106

Ord. No. 466

Section 35(a) (13) (i)

Baltimore City Code (1983 Replacement Volume, as amended)

By repealing

Article 22 - Retirement Systems
Subtitle - Employees' Retirement System
• Section 7 (a) (13) (iii)

Baltimore City Code (1983 Replacement Volume, as amended)

Article 22 - Retirement Systems

Subtitle - Fire and Police Employees

Section 35(a) (13) (iii)

Baltimore City Code (1983 Replacement Volume, as amended)

■ARTICLE 22 - RETIREMENT SYSTEMS

Employees' Retirement System

7. Management of funds. r

(a) Trustee of funds. <

c
(13) (i) On the first day of the third quarter of fiscal ^

year 1987, no monies or funds held under any provision of the ^

retirement system shall remain invested or hereinafter be
invested in the stocks, securities or other obligations of any
bank or financial institution which makes loans to the Republic
of South Africa [or Namibia], or to a national corporation of the
Republic of South Africa [or Namibia], or in the stocks,
securities, or other obligations of any company doing business in
or with the Republic of South Africa [or Namibia], or whose
subsidiary or affiliate does business in or with the Republic of
South Africa [or Namibia].

[(iii) Business entities doing business in or with the
Republic of Namibia shall be identified through correspondence
with the United Nations' Office of the Commissioner for Namibia
and the United Nations' Center for Transnational Corporations.]

Elected Officials' Retirement System

23. Management of funds.

fb) The provisions of Section 7(a) (13) of this Article 22,
concerning the divestment of funds in firms doing business in or

107

Ord. No. 467

with South Africa [or Namibia], shall apply to the several funds
of the Elected Officials' Retirement System of Baltimore.

Fire and Police Employees

35. Management of funds.

(a) Trustee of funds.

(13) (i) On the first day of the third quarter of fiscal
year 1987, no monies or funds held under any provision of the
retirement system shall remain invested or hereinafter be
invested in the stocks, securities or other obligations of any
bank or financial institution which makes loans to the Republic
of South Africa [or Namibia], or to a national corporation of the
Republic of South Africa [or Namibia], or in the stocks,
securities, or other obligations of any company doing business in
or with the Republic of South Africa [or Namibia], or whose
subsidiary or affiliate does business in or with the Republic of
South Africa [or Namibia].

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall
take effect on the date of its enactment.

Approved February 27, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 4 67

(Council Bill No. 675)

AN ORDINANCE concerning

REPEAL OF RESERVED PARKING ORDINANCE

FOR the purpose of repealing Ordinance No. 172, approved
October 26, 1976, which provided for reserved handicap
parking on the west side of Castle Street south of McElderry
Street for Dr. Dhirendra Kumar.

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That Ordinance No. 172, approved October 26, 1976, is

108

Ord. No. 468

hereby repealed and the authorization for reserved handicap
parking on the west side of Castle Street south of McElderry, is
hereby rescinded.

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Approved March 16, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 4 68

(Council Bill No. 736)

AN ORDINANCE concerning

REZONING - 1181 E. Lombard Street

FOR the purpose of changing the zoning for the rear portion of
the property known as 1181 E. Lombard, from the B-2-3 Zoning
District to the M-2-2 Zoning District, as outlined in red on
the plat accompanying this ordinance.

BY amending Zoning District Maps
Sheet No. 56
Article 30 - Zoning
Baltimore City Code (198 3 Replacement Volume, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That Sheet No. 56 of the Zoning District Maps of
Article 30-Zoning of the Baltimore City Code (1983 Replacement
Volume, as amended) title "Zoning" be and it is hereby amended by
changing from the B-2-3 Zoning District to the M-2-2 Zoning
District, the rear portion of the property known as 1181 E.
Lombard Street, as outlined in red on the plat accompanying this
ordinance.

109

Ord. No. 469

Development, the Supervisor of -Assessments for Baltimore City and
the Zoning Administrator.

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the 30th day after the date of its
enactment.

Approved March 16, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 4 69

(Council Bill No. 889)

AN ORDINANCE concerning

REPEAL OF RESERVED PARKING ORDINANCE

FOR the purpose of repealing Ordinance No. 934, approved May 1,
1987, which provided for reserved handicap parking on the
south side of 20th Street east of Wolfe Street for James
Williams .

SECTION 1. BE IT ORDIANED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That Ordinance No. 934, approved May 1, 1987, is
hereby repealed and the authorization for reserved handicap
parking on the south side of 20th Street east of Wolfe Street, is
hereby rescinded.

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall
take effect on the date of its enactment.

Approved March 16, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE
ORDINANCE NO. 4 70
(Council Bill No. 891)
AN ORDINANCE concerning

REPEAL OF RESERVED PARKING ORDINANCE

110

Ord. No. 471

FOR the purpose of repealing Ordinance No. 9, approved February
22, 1988, which provided for reserved handicap parking on the
east side of Highland Avenue for Joseph Strucko.

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That Ordinance No. 9, approved February 22, 1988, is
hereby repealed and the authorization for reserved handicap
parking on the east side of Highland Avenue north of Mueller
Street, is hereby rescinded.

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall
take effect on the date of its enactment.

Approved March 16, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE
ORDINANCE NO. 471

(Council Bill No. 803) ^

AN ORDINANCE concerning Q ^

ZONING - APPROVAL FOR CONDITIONAL USE
PARKING LOT IN THE PARKING LOT DISTRICT -

208-216 N. CALVERT STREET .-J C

FOR the purpose of granting permission for the establishment, /y ^

maintenance and operation of an open off-street parking area ^

on the properties known as 208-216 N. Calvert Street, as ^^

outlined in red on the plats accompanying this ordinance^. gj> *s
subject to certain conditions, and providing for the ^

termination of this ordinance. , ^

BY authority of CJ)

Article 30 - Zoning
Section{s) 9.0-3d and 11.0-6d
Baltimore City Code (1983 Replacement Volume, as amended)

^'-

Street, as outlined in red on the plats accompanying this ^

ordinance, under the provisions of Section (s) 9.0-3d and 11.0-6d i-^

of Article 30 of the Baltimore City Code (1983 Replacement ZK

Volume, as amended), title "Zoning". ^-^ ^

111

Ord. No. 472

SEC. 2. AND BE IT FUKTHER ORDAINED. That this permission is
granted subject to the following conditions:

a. That a 4 foot decorative fence is to extend along N.
Calvert Street and wrap around to meet the existing wall along E.
Clay Street and Park Lane;

b. That the fence will be located 4 feet back from the
property line along N. Calvert Street; and

c. That appropriate landscaping will be provided in
front of the fence including euonymus shrubs and service berry
trees .

SEC. £ 3. AND BE IT FURTHER ORDAINED, That upon passage of
this ordinance by the City Council, as evidence of the
authenticity of the plat which is a part hereof and in order to
give notice to the departments which are administering the Zoning
Ordinance, the President of the City Council shall sign the plat
and when the Mayor approves the ordinance, he shall sign the
plat. The Director of Finance shall then transmit a copy of the
ordinance and one of the plats to the following: the Board of
Municipal and Zoning Appeals, the Planning Commission, the
Commissioner of the Department of Housing and Community
Development, the Supervisor of Assessments for Baltimore City,
and the Zoning Administrator.

SEC. 9 4. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the 30th day after the date of its
enactment. It shall remain effective for a period of 3 years
and, at the end of that time, and with no further action required
by the City Council, this Ordinance shall be abrogated and of no
further force and effect.

Approved March 20, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 472

(Council Bill No. 806)

AN ORDINANCE concerning

CITY PROPERTY - SALE -
NEWGATE AVENUE AND HAVEN STREET

FOR the purpose of authorizing the Mayor and City Council of

Baltimore to sell, either at public or private sale, all of
the interest of the Mayor and City Council of Baltimore in

112

Ord. No. 472

and to a certain parcel of land no longer needed for highway
or other public use and known as Newgate Avenue and Haven
Street.

BY authority of

Article V - Comptroller

Section 5(b)

Baltimore City Charter (1964 Revision, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That the Comptroller be and he is hereby authorized to
sell, either at public or private sale, in accordance with
Article V, Section 5(b) of the City Charter (1964 Revision, as
amended) , all of the interest of the Mayor and City Council of
Baltimore in and to Newgate Avenue and Haven Street, in the City
of Baltimore, and described as follows:

Beginning for Parcel No. 1 at the point formed by the
intersection of the line of the east outline of the Tenth Street
Dock, if projected northerly, and the north side of Newgate
Avenue, 56 feet wide, said point of beginning being distant 996
feet, more or less, westerly, measured along the north side of

said Newgate Avenue from the west side of Newkirk Street, 60 feet ^

wide, and running thence binding reversely on said line so OD

projected. Southerly 56 feet, more or less, to intersect the 7^ ^

south side of said Newgate Avenue; thence binding on the south ^^

side of said Newgate Avenue, South 87*-10'-30" West 1,281 feet, ^^

more or less, to the westernmost extremity of said Newgate — i C

Avenue; thence binding on the westernmost extremity of said S-- "

Newgate Avenue, North 02*'-49'-30" West 56.00 feet to the north *Cr* "

side of said Newgate Avenue and thence binding on the north side ^"

of said Newgate Avenue, North BT^-IO'-SO" East 1,281 feet, more *-• - v.

or less, to the place of beginning. ^^ 7

Beginning for Parcel No. 2 at the point fonned by the '

intersection of the north side of Newgate Avenue, 56 feet wide, L -

and the west side of Haven Street, 51 feet wide, and running (^

thence binding in part on the west side of said Haven Street, in
part on the west side of Haven Street, 35 feet wide, and in all, ^

North 03 •'-00 '-20" West 543.05 feet; thence continuing to bind on
the west side of Haven Street, 3 5 feet wide, the two following
courses and distances; namely, by a line curving to the left with
a radius of 2850.79 feet the distance of 102.80 feet which arc is
subtended by a chord bearing North 04*»-02'-19" West 102.80 feet - C^

and North 05«»-04'-18" West 56.75 feet; thence binding on the '^ ^

south side of Haven Street, varying in width from 35 feet to 42 ^ *^

feet. South 84*-55'-42" West 7.00 feet; thence binding on the ^

west, northwest, and southwest sides of Haven Street, 42 feet
wide, the seven following courses and distances; namely. North
05«'-04'-18" West 53.78 feet, by a line curving to the right with
a radius of 321.00 feet the distance of 126.19 feet which arc is

113

C/O-

«i-

Ord. No. 472

subtended by a chord bearing North 06«'-ll'-25" East 125.38 feet,
North 17«>-27'-09" East 140.79 feet, by a line curving to the left
with a radius of 383.12 feet the distance of 85.47 feet which arc
is subtended by a chord bearing North ll<'-03 ' -40 . 5" East 85.30
feet. North 04 "-40 ' -12" East 100.67 feet, by a line curving to
the left with a radius of 165.62 feet the distance of 69.81 feet
which arc is subtended by a chord bearing North 07 «>-24 ' -17 . 5"
West 69.29 feet and North 19*'-28 ' -47" West 73.50 feet to the
northwest extremity of last said Haven Street; thence binding on
the northwest extremity of last said Haven Street, North
700-31 '-13" East 42.00 feet to the northeast side of last said
Haven Street; thence binding on the northeast, east, and
southeast sides of last said Haven Street the six following
courses and distances; namely. South 19°-28'-47" East 73.50 feet,
by a line curving to the right with a radius of 207.62 feet the
distance of 87.51 feet which arc is subtended by a chord bearing
South 07°-24 '-17.5" East 86.86 feet. South 04»-40'-12" West
100.67 feet, by a line curving to the right with a radius of
425.12 feet the distance of 94.84 feet which arc is subtended by
a chord bearing South ll°-03 ' -40 . 5" West 94.65 feet. South
17o_27«_o9" West 140.79 feet and by a line curving to the left
with a radius of 279.00 feet the distance of 109.68 feet which
arc is subtended by a chord bearing South 06°-ll'-25" West 108.98
feet; thence binding in part on the east side of last said Haven
Street, in part on the east side of Haven Street, 35 feet wide,
and in all. South 05"'-04'-18" East 110.53 feet; thence binding on
the east side of Haven Street, 35 feet wide, the two following
courses and distances; namely, by a line curving to the right
with a radius of 2885.79 feet the distance of 104.06 feet which
arc is subtended by a chord bearing South 04 "-02* -19" East 104.06
feet and South 03«'-00'-20" East 532.93 feet; thence binding on
the north side of Haven Street, varying in width from 3 5 feet to
51 feet. North 86°-59'-40" East 16.00 feet; thence binding on the
east side of Haven Street, 51 feet wide. South 03 '-00 '-20" East
10.27 feet to intersect the north side of Newgate Avenue,
mentioned firstly herein and thence binding on the north side of
Newgate Avenue, mentioned firstly herein. South 87°-10'-30" West
51.00 feet to the place of beginning.

Said property being no longer needed for public use.

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds
shall pass in accordance herewith until the same shall have been
first approved by the City Solicitor.

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment. k

Approved March 20, 1990

KURT L. SCHMOKE, Mayor

114

Ord. No. 473

CITY OF BALTIMORE

ORDINANCE NO. 473

(Council Bill No. 808)

AN ORDINANCE concerning

CITY PROPERTY - SALE -
PENN STREET

FOR the purpose of authorizing the Mayor and City Council of

Baltimore to sell, either at public or private sale, all of
the interest of the Mayor and City Council of Baltimore in
'and to a certain parcel of land no longer needed for highway
or other public use and known as a portion of Penn Street
contiguous to the east side thereof, in the vicinity of
Redwood Street.

BY authority of

Article V - Comptroller

Section 5(b)

Baltimore City Charter (1964 Revision, as amended)

amended) , all of the interest of the Mayor and City Council of ^ "^

Baltimore in and to a portion of Penn Street, contiguous to the Q^ ••

east side thereof, in the vicinity of Redwood Street in the City -"

of Baltimore, and described as follows; : v

Beginning for the same at a point on the east side of Penn ' -

Street, 55 feet wide, distant North 02«-49'-40" West 107.33 feet

measured along the east side of said Penn Street from the north ^-.

side of Lombard Street, 66 feet wide, and at a horizontal plane C,

•having an elevation of 150.00 feet and extending to an elevation
of unlimited height and running thence by a straight line. South ^

87°-l0'-20" West 15.00 feet to intersect a line drawn parallel
with and distant 15.00 feet westerly measured at right angles
from the east side of said Penn Street; thence binding on said
line so drawn, North 02*-49'-40" West 239.09 feet to intersect
the south side of Redwood Street, 60 feet wide; thence binding on C

the south side of Redwood Street, North 87°-10'-2 0" East 15.00 U

feet to intersect the east side of said Penn Street and thence
binding on the east side of said Penn Street, South 02''-49'-40"
East 239.09 feet to the place of beginning.

Said property being no longer needed for public use.

115

P:
oi

Ord. No. 474

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds
shall pass in accordance herewith until the same shall have. been
first approved by the City Solicitor.

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Approved March 20, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 474

(Council Bill No. 896)

AN ORDINANCE concerning

ISSUANCE OF REVENUE OBLIGATIONS FOR WASTEWATER PROJECTS

FOR the purpose of increasing the maximum aggregate principal

amount of Revenue Obligations authorized to be issued by the
Mayor and City Council of Baltimore pursuant to Ordinance No.
867 (Bill No. 1324). of the Mayor and City Council of
Baltimore (approved and effective January 14, 1983) as
amended by Ordinance No. 344 (Bill No. 419) of the Mayor and
City Council of Baltimore (approved and effective April 10,
1985) , as amended by Ordinance No. 872 (Bill No. 1425) of the
Mayor and City Council of Baltimore (approved and effective
February 26, 1987) , as amended by Ordinance No. 150 (Bill No.
197) of the Mayor and City Council of Baltimore (approved and
effective July 6, 1988) from not exceeding $54,000,000, to
not exceeding $75,000,000.

BY amending paragraph (A) of Section 2 of Ordinance No. 867 (Bill
No. 1324) of the Mayor and City Council of Baltimore
(approved and effective on January 14, 1983).

RECITALS

Ordinance No. 867 (Bill No. 1324) (the "Ordinance") of the
Mayor and City Council of Baltimore (the "City"), approved by the
Mayor of the City and effective January 14, 1983, authorizes the
issuance from time to time by the City of its Revenue Obligations
(as defined in the Ordinance) (the "Revenue Obligations") in
order to finance Wastewater Facilities (as defined in the
Ordinance) (the "Wastewater Facilities") to be located within the
geographical limits of the City's wastewater system.

116

Ord. No. 474

Because of certain events that have occurred since the
passage of the Ordinance which affect the aggregate principal
amount of Revenue Obligations which may be required to be issued
by the City in order to finance Wastewater Facilities, including
(without limitation) an increase in the number of Wastewater
Facilities which the City may desire to finance with the proceeds
of the sale of Revenue Obligations, the City wishes to enact this
supplemental ordinance to increase to $75,000,000 the aggregate
principal amount of its Revenue Obligations that may be issued
under the Ordinance.

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That paragraph (A) of Section 2 of Ordinance No. 867
(Bill No. 1324) of the Mayor and City Council of Baltimore,
approved and effective January 14, 1983, be and hereby is amended
to read as follows:

"(A) The issuance, sale and delivery of an aggregate
principal amount of Revenue Obligations which, when issued, will
result in receipt by the City (inclusive of Costs of Issuance, as

defined herein) of not exceeding [$54,000,000 Fifty-four Million {f.

Dollars] $75,000,000 is hereby authorized for the general public ^

purposes of financing the cost of the Financed Facilities and ^

repaying the City for amounts expended on Financial Facilities in OC

anticipation of the issuance of the Revenue Obligations. This Z^

maximum amount may consist of (i) Revenue Notes, (ii) Revenue ^< C

Bonds, (iii) Refunding Revenue Notes, (iv) Refunding Revenue i /T

Bonds, or (v) any combination of items (i) to (iv) above. Any i— ' U

Refunding Obligations issued hereunder to refund any Revenue ^- "^

Obligations previously issued hereunder shall replace that 01 *^

portion of the authorized amount of Revenue Obligations ^

previously issued and shall not be deemed to reduce the maximum ^^

authorized amount of Revenue Obligations permitted to be issued ^jj f*

hereunder." y

SEC. 2. AND BE IT FURTHER ORDAINED, That Ordinance No. 8 67 t^

(Bill No. 1324) of the Mayor and City Council of Baltimore O

approved and effective January 14, 1983, as amended by Ordinance
No. 344 (Bill No. 419) of the Mayor and City Council of Baltimore
(approved and effective April 10, 1985) , as amended by Ordinance

No. 872 (Bill No. 1425) of the Mayor and City Council of C^

Baltimore (approved and effective February 26, 1987), as amended ^^

by Ordinance No. 150 (Bill No. 197) of the Mayor and City Council

of Baltimore (approved and effective July 6, 1988), and as C

amended by this ordinance, shall remain in full force and effect. LiJ ^ "

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance shall «—

take effect on the date of its enactment. ZK

Approved March 20, 1990

KURT L. SCHMOKE, Mayor

117

-P

Ord. No. 475

CITY OF BALTIMORE

ORDINANCE NO. 475

(Council Bill No. 897)

AN ORDINANCE concerning

ISSUANCE OF REVENUE OBLIGATIONS FOR WATER PROJECTS

FOR the purpose of increasing the maximum aggregate principal

amount of Revenue Obligations authorized to be issued by the
Mayor and City Council of Baltimore pursuant to Ordinance No.
866 (Bill No. 1323) of the Mayor and City Council of
Baltimore (approved and effective January 14, 1983) as
amended by Ordinance No. 343 (Bill No. 418) of the Mayor and
City Council of Baltimore (approved and effective April 10,
1985) , as amended by Ordinance No. 871 (Bill No. 1424) of the
Mayor and City Council of Baltimore (approved and effective
February 26, 1987) , as amended by Ordinance No. 149 (Bill No.
196) of the Mayor and City Council of Baltimore (approved and
effective July 6, 1988) from not exceeding $57,000,000, to
not exceeding $65,000,000.

BY amending paragraph (A) of Section 2 of Ordinance No. 866 (Bill
No. 1323) of the Mayor and City Council of Baltimore
(approved and effective on January 14, 1983).

RECITALS

Ordinance No. 866 (Bill No. 1323) (the "Ordinance") of the
Mayor and City Council of Baltimore (the "City"), approved by the
Mayor of the City and effective January 14, 1983, authorizes the
issuance from time to time by the City of its Revenue Obligations
(as defined in the Ordinance) (the "Revenue Obligations") in
order to finance Water Facilities (as defined in the Ordinance)
(the "Water Facilities") to be located within the geographical
limits of the City's water system.

Because of certain events that have occurred since the
passage of the Ordinance which affect the aggregate principal
amount of Revenue Obligations which may be required to be issued
by the City in order to finance Water Facilities, including
(without limitation) an increase in the number of Water
Facilities which the City may desire to finance with the proceeds
of the sale of Revenue Obligations, the City wishes to enact this
supplemental ordinance to increase to $65,000,000 the aggregate
principal amount of its Revenue Obligations that may be issued
under the Ordinance.

118

Ord. No. 47 6

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That paragraph (A) of Section 2 of Ordinance No. 866
(Bill No. 1323) of the Mayor and City Council of Baltimore,
approved and effective January 14, 1983, be and hereby is amended
to read as follows:

"(A) The issuance, sale and delivery of an aggregate
principal amount of Revenue Obligations which, when issued, will
result in receipt by the City (inclusive of Costs of Issuance, as
defined herein) of not exceeding [$57,000,000 Fifty-seven Million
Dollars] $65,000,000 is hereby authorized for the general public
purposes of financing the cost of the Financial Facilities and
repaying the City for amounts expended on Financed Facilities in
anticipation of the issuance of the Revenue Obligations. This
maximum amount may consist of (i) Revenue Notes, (ii) Revenue
Bonds, (iii) Refunding Revenue Notes, (iv) Refunding Revenue
Bonds, or (v) any combination of items (i) to (iv) above. Any
Refunding Obligations issued hereunder to refund any Revenue
Obligations previously issued hereunder shall replace that
portion of the authorized amount of Revenue Obligations

previously issued and shall not be deemed to reduce the maximum ^

authorized amount of Revenue Obligations permitted to be issued l^

hereunder. •'

Approved March 20, 1990

KURT L. SCHMOKE, Mayor

SEC. 2. AND BE IT FURTHER ORDAINED, That Ordinance No. 866
(Bill No. 1323) of the Mayor and City Council of Baltimore,
approved and effective January 14, 1983, as amended by Ordinance

No. 343 (Bill No. 418) of the Mayor and City Council of Baltimore •— J D

(approved and effective April 10, 1985), as amended by Ordinance ^ **

No. 871 (Bill No. 1424) of the Mayor and City Council of Q^ ^

Baltimore (approved and effective February 26, 1987), as amended ^

by Ordinance No. 149 (Bill No. 196) of the Mayor and City Council ^^ ^

of Baltimore (approved and effective July 6, 1988), and as 2^
amended by this ordinance, shall remain in full force and effect. ^

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance shall ^^

take effect on the date of its enactment. ^^

CITY OF BALTIMORE

ORDINANCE NO. 47 6 UJ

(Council Bill No. 830)

AN ORDINANCE concerning ^^ ^

119

Ord. No. 476

SUPPLEMENTARY HIGHER EDUCATION FUND OPERATING APPROPRIATION - THEl
BUSINESS AND INDUSTRY CENTER OF THE COMMLTNITY COLLEGE OF

BALTIMORE

FOR the purpose of providing a supplementary Higher Education

Fund operating appropriation in the amount of $200,000 to the]
Business and Industry Center (Program 431 - Instruction) to
provide for additional operating expenses for the new
Business and Industry Center.

By authority of

Article VI - Board of Estimates

Section 2 (h) (1)

Baltimore City Charter (1964 Revision, as amended)

WHEREAS, The money appropriated herein represents Parking Lotj
revenues in excess of the amounts from these sources estimated
and relied upon by the Board of Estimates in determining the tax
levy required to balance the budget for the 1990 fiscal year, and|
said money is therefore available for appropriation to the
Business and Industry Center pursuant to the provisions of
Article VI, Section 2(h)(1) of the Baltimore City Charter (1964
Revision, as amended); and

WHEREAS, This supplementary Higher Education Fund operating
appropriation has been recommended to the City Council by the
Board of Estimates at a regular meeting of the Board held on the
6th day of December, 1989, all in accordance with Article VI,
Section 2(h)(1) of the Baltimore City Charter (1964 Revision, as
amended) .

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That under the provisions of Article VI, Section
2(h)(1) of the 1964 Revision of the Charter of Baltimore City,
the sum of $200,000 shall be made available to the Business and
Industry Center (Program 431 - Instruction) as a supplementary
Higher Education Fund operating appropriation for the fiscal year
ending June 30, 1990 to provide additional operating expenses for
the new Business and Industry Center which could not reasonably
be anticipated at the time of formulation of the proposed fiscal
1990 Ordinance of Estimates. The amount thus made available as a
supplementary Higher Education Fund operating appropriation shall
be expended from Parking Lot revenues in excess of the amounts
from these sources which were estimated or relied upon by the
Board of Estimates in determining the tax levy required to

120 J

Ord. No. 477

balance the budget for the 1990 fiscal year; and said funds from
said Parking Lot revenues shall be the source of revenue for this
supplementary Higher Education Fund operating appropriation as
required by Article VI, Section 2(h)(1) of the Baltimore City
Charter (1964 Revision, as amended).

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall
take effect on the date of its enactment.

Approved March 28, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 477

(Council Bill No. 903)

AN ORDINANCE concerning

Metropolitan District Extension No. 110

FOR the purpose of consenting to and approving a Petition for the
Extension of the Metropolitan District of Baltimore County to
a tract of land consisting of 153.02 acres in the Second
Election District of Baltimore County located in the vicinity
of Randallstown, District C23 (Blackhorse Run) and in
accordance with the provisions of Chapter 539 of the Acts of
the General Assembly of Maryland of 1924, as amended by
Chapter 515 of the Acts of 1955.

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That the Petition for the extension of the
Metropolitan District of Baltimore County to a tract of land in
the Second Election District of Baltimore County located in the
vicinity of Randallstown, District C23 (Blackhorse Run) , more
particularly shown on a plat filed in the Department of Public
Works of Baltimore County numbered Extension 110, is in
accordance with the authority granted by Chapter 539 of the Acts
of the General Assembly of Maryland of 1924, and amended by
Chapter 515 of the Acts of 1955 hereby consented to and approved.

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall
taee effect on the date of its enactment.

Approved March 28, 1990

KURT L. SCHMOKE, Mayor

121

Ord. No. 478

CITY OF BALTIMORE

ORDINANCE NO. 478
(Council Bill No. 904)

AN ORDINANCE concerning

Metropolitan District Extension No. Ill

FOR the purpose of consenting to and approving a Petition for the
Extension of the Metropolitan District of Baltimore County to
a tract of land consisting of 26.9 acres in the Second
Election District of Baltimore County located in the vicinity
of The Woodlands, District C2 (The Holsan Property) and in
accordance with the provisions of Chapter 539 of the Acts of
the General Assembly of Maryland of 1924, as amended by
Chapter 515 of the Acts of 1955.

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That the Petition for the extension of the
Metropolitan District of Baltimore County to a tract of land in
the Second Election District of Baltimore County located in the
vicinity of The Woodlands, District C2 (The Holsan Property) ,
more particularly shown on a plat filed in the Department of
Public Works of Baltimore County numbered Extension 111, is in
accordance with the authority granted by Chapter 539 of the Acts
of the General Assembly of Maryland of 1924, and amended by
Chapter 515 of the Acts of 1955 hereby consented to and approved.

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall
taee effect on the date of its enactment.

Approved March 28, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE
ORDINANCE NO. 479
(Council Bill No. 719)
AN ORDINANCE concerning

ZONING CODE - APPEAL PROCEDURE

FOR the purpose of clarifying the provisions relating to appeal!
to the Board of Municipal and Zoning Appeals.

122

Ord. No. 479

BY repealing and reordaining with amendments
Article 30 - Zoning

Chapter 11 - Administration and Enforcement
Sections 11.0-2f and 11.0-3J
Baltimore City Code (1983 Replacement Volume, as amended)

ARTICLE 30 - ZONING

Chapter 11 - Administration and Enforcement

11.0-2 The Zoning Administrator.

f. Appeals. An appeal to the Board may be taken by any
person aggrieved, or by any officer, department, board, or
bureau of the municipality affected by a decision of the

Zoning Administrator. All appeals shall be taken in C/^

accordance with the provisions of Section 11. 0-3 j of this ^

chapter and as provided by the rules of the Board. A NOTICE
OF VIOLATION ISSUED IN ACCORDANCE WITH SECTION 11.0-2E ABOVE
SHALL BE DEEMED A DECISION OF THE ZONING ADMINISTRATOR WITHIN
THE MEANING OF THIS SECTION.

11.0-3 The Board of Municipal and Zoning Appeals.

<C
-It
>'

Appeals. K ^

1. Scope of Appeals. An appeal to the Board may ^
be taken by any person aggrieved, or by any ^^
officer, department, board, or bureau of the *^ C
municipality affected by a decision of the Zoning
Administrator. Such appeal shall be taken within
[a reasonable time] 10 WORKING DAYS OF SERVICE OF

THE NOTICE OF VIOLATION and in such form as shall O

be provided by the rules of the Board by filing
with the office of the Zoning Administrator a
notice of appeal specifying the grounds thereof.
The Zoning Administrator shall forthwith transmit
to the Board all of the papers constituting the f^^ ^

record upon which the action appealed from was -yi ^

taken. ^C

2. Findings of Appeals. Aft ONLY AN appealr TIMELY ^
NOTED, FILED, AND PURSUED-r shall stay all ^
proceedings in furtherance of the action appealed ^ y
from, unless the Zoning Administrator certifies to '-^ ^
the Board, after the notice of the appeal has been '"^
filed with him, that by reason of facts stated in

123

^■-.

Ord. No. 480

the certificate a stay would, in his opinion,
cause imminent peril to life or property, in which
case the proceedings shall not be stayed unless
otherwise ordered by a restraining order which may
be granted by the Board or by a court of record on
application, on notice to the Zoning
Administrator, and on due cause shown.

The Board shall render a written decision on the
appeal , without unreasonable delay, setting forth
the reason or reasons thereof. In exercising the
powers hereof, the Board may reverse or affirm,
wholly or in part, or may modify the order,
requirement, decision, or determination appealed
from, and may make such order, requirement,
decision, or determination as ought to be made,
and, to that end, shall have all the powers
conferred upon the Zoning Administrator by this
ordinance.

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall
take effect on the 30th day after the date of its enactment.

Approved April 2, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 480

(Council Bill No. 727)

AN ORDINANCE concerning

PAYMENT IN LIEU OF TAXES - WATERLOO PLACE

FOR the purpose of authorizing and providing for a negotiated
payment in lieu of taxes (the "PILOT") in connection with
the redevelopment of Lot No. 7A, Mt. Vernon Urban Renewal
Area, bounded by St. Paul Street, Calvert Street, Monument
Street and Center Street (the "Waterloo Place Project");
authorizing the Mayor and City Council of Baltimore to
effectuate the PILOT for such Project by any and all
necessary and proper means; making certain legislative
findings, among others, concerning the public benefit and
purpose of this ordinance; providing that the assessment of
all or any portion of the Project subject to real property
taxation (the "Taxable Property") shall be added to the
assessable base of the City to determine the amount of any
State aid that is based on the assessable base of the City;

124

Ord. No. 480

approving the final terins of the PILOT and the Land
Disposition and Lease Agreement (the "Land Agreement") for
which the PILOT is negotiated as approved by the Board of
Estimates of the City of Baltimore; and generally providing
for and determining various matters in connection with this
ordinance.

BY authority of

Tax - Property Article

Section 7-501(b)

Annotated Code of Maryland (1986 Volume and 1988 Cumulative

Supplement)

RECITALS

Section 7-501 (b) of the Tax-Property Article of the
Annotated Code of Maryland (1986 Volume and 1988 Cumulative
Supplement) (the "Enabling Act") authorizes the Mayor and City
Council of Baltimore (the "City") by law to authorize the
exemption from municipal taxation in the City of Baltimore of,

and acceptance of a negotiated payment in lieu of the tax on, ^

property owned by the City and leased or otherwise made available u

to any "person", as such term is defined in Section 1-101 (w) of «r

the Tax-Property Article of the Annotated Code of Maryland (1986 OC

Volume and 1988 Cumulative Supplement) (the "Tax-Property *^C

Article"), with the privilege to use such property in connection ^< r*

with a business conducted for profit. ^<^

Pursuant to the authority granted by the Enabling Act, the ^ "

City, acting by and through the Department of Housing and 01 **

Community Development, desires the ability to offer a negotiated ^

payment in lieu of taxes (the "PILOT") to Waterloo Associates ^ v;

Limited Partnership, the developer of the Waterloo Place Project S ft,
(the "Developer"), in connection with or as part of the Land "^

Disposition and Lease Agreement by and between the City and the ^

Developer dated August 9, 1989. as amended, (the "Land ^^

Agreement") for such Project. O

Authorization of the use of the PILOT in connection with or ,^^ '^

as part of the Land Agreement is in the best interest of ^ 0

Baltimore City and will achieve significant public benefits and r* U*

purposes, including (i) the facilitation and expansion of the T/\^

redevelopment and renewal of Baltimore City which the City has rS ^

sought to encourage acting pursuant to various provisions of the ^C

Constitution and public general laws of Maryland and the tiJ ^

provisions contained in subsections (15) and (15A) of Article II ^^

of the City Charter ("Redevelopment Laws") ; (ii) the addition of n—

all or any portion of the Project subject to real property ^^ K'

taxation (the "Taxable Property") to the assessable tax base of "^ ^

Baltimore City; and (iii) the encouragement of the economic ^^
development of Baltimore City, including the use of the

125

Ord. No. 480

resources, ingenuity and entrepreneurial talents of the private
sector to operate and manage the Project efficiently, the
creation of job opportunities, the general promotion and
improvement of Baltimore City and its facilities in order to
foster and maintain the City and the image of the City as a
healthy environment for the growth of business and industry and
the continuing economic well-being of its residents, both
individual and corporate, thereby further encouraging the health,
welfare and safety of the citizens of the State of Maryland and
of Baltimore City.

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That it is hereby found and determined that there is a
need for redevelopment and renewal of Mount Vernon Urban Renewal
Area, and the Waterloo Place Project will play a significant role
in satisfying that need. Authorizing the Board of Estimates of
Baltimore City to approve the PILOT in connection with or as part
of the Land Agreement is in the best interest of the City for
such authorization will (i) aid in achieving the objectives of
the Redevelopment Laws and in effectuating the authority given to
the City by the Enabling Act; (ii) add the Taxable Property to
the assessable tax base of the City thus resulting in an increase
in tax revenues for the City; and (iii) encourage the economic
development of the City by using the resources and skills of the
private sector, by creating job opportunities, and by generally
promoting and improving the City and its facilities.

SEC. 2. AND BE IT FURTHER ORDAINED, That, acting pursuant to
the provisions of the Enabling Act, the City is hereby authorized
to exempt from municipal taxation in Baltimore City the Taxable
Property which is leased to the Waterloo Place Limited
Partnership, a legal entity having a privilege to use such
Taxable Property in connection with the Waterloo Place Project,
and to accept a payment in lieu thereof for the period of time
during which the City is the Owner (as defined below) of the
Taxable Property, computed in accordance with the terms of the
agreement approved by the Board of Estimates (the "PILOT
Agreement") and attached as an exhibit or a schedule to the Land
Agreement; provided, however, the assessment of the Taxable
Property shall be added to the assessable base of the City to
determine the amount of any State aid, as the term "State" is
defined in Section 1-101 (ff) of the Tax-Property Article, that is
based on the assessable base of the City.

SEC. 3. AND BE IT FURTHER ORDAINED, That the City is hereby
authorized to execute the PILOT Agreement in connection with or
as part of the Land Agreement negotiated by the City and the
Developer for the disposition of the Taxable Property. The final
terms of the PILOT Agreement and the Land Agreement and the final
forms of all documents drafted in connection therewith as
approved by the Board of Estimates on August 9, 1989, and January

126

Ord. No. 481

10. 1990. are hereby also approved, and no further action by the
Board of Estimates shall be necessary for the PILOT Agreement to
go into effect.

SEC. 4. AND BE IT FURTHER ORDAINED, That, for the purpose of
this ordinance, the term "Owner" shall mean any ownership
interest held by the City in the Taxable Property, including bare
legal title to the Taxable Property, whether in fee or as a
leasehold interest, and whether or not subject to a ground lease,
and whether or not so treated for federal income tax purposes,
and whether or not the Land Agreement provides that the City's
legal title to the Taxable Property would pass to the Developer
at a future date or upon the occurrence of certain events.

SEC. 5. AND BE IT FURTHER ORDAINED, That the provisions of
this ordinance are severable, and if any provision, sentence,
clause, section or part hereof is held illegal, invalid or
unconstitutional or inapplicable to any person or circumstances,
such illegality, invalidity or unconstitutionality, or
inapplicability shall not affect or impair any of the remaining

provisions, sentences, clauses, sections, or parts of this ^

ordinance or its application to other persons or circumstances. u

It is hereby declared to be the legislative intent that this ^_

ordinance would have been adopted if such illegal, invalid or Ci D

unconstitutional provisions, sentence, clause, section or part ^^ ^

had not been included herein, and if the person or circumstances ^*

to which this ordinance or any part thereof is inapplicable had
been specifically exempted herefrom. «»J D

>-'

SEC. 6. AND BE IT FURTHER ORDAINED, That this Ordinance Ql "^

shall take effect on the date of its enactment.

-J
>-

CITY OF BALTIMORE O

ORDINANCE NO. 481 *V- ^

(Council Bill No. 735) r* U*

Approved April 2, 1990

KURT L. SCHMOKE, Mayor

AN ORDINANCE concerning

ZONING - APPROVAL FOR CONDITIONAL USE UJ

PARKING LOT - 2 8 00 E. EAGER STREET

FOR the purpose of granting permission to Willie W. Moody for the ^^ K'

establishment, maintenance and operation of an open off- ^^ ^

street parking area for the parking of not more than 5 ^

trucks on the property known as 2800 E. Eager Street, as
outlined in red on the plats accompanying this ordinance^

127

Ord. No. 482

subject to Planning Department approval of the lighting and
fencing .

BY authority of

Article 30 - Zoning

Section(s) 7.1-lcc and 11.0-6d

Baltimore City Code (1983 Replacement Volume, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That permission is hereby granted to Willie W. Moody for
the establishment, maintenance and operation of an open off-street
parking area for the parking of not more than 5 trucks on the
property known as 2800 E. Eager Street, as outlined in red on the
plats accompanying this ordinance, under the provisions of Section(s,
7.1-lcc and 11.0-6d of Article 30 of the Baltimore City Code (1983
Replacement Volume, as amended), title "Zoning", subject to the
condition that the lighting and fencing of the lot must be approved
by the Planning Department.

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of this
ordinance by the City Council, as evidence of the authenticity of tht
plat which is a part hereof and in order to give notice to the
departments which are administering the Zoning Ordinance, the
President of the City Council shall sign the plat and when the Mayor
approves the ordinance, he shall sign the plat. The Director of
Finance shall then transmit a copy of the ordinance and one of the
plats to the following: the Board of Municipal and Zoning Appeals,
the Planning Commission, the Commissioner of the Department of
Housing and Community Development, the Supervisor of Assessments for
Baltimore City, and the Zoning Administrator.

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance shall take
effect on the 30th day after the date of its enactment.

Approved April 2, 1990

KURT L. SCHMOKE, Mayo:

CITY OF BALTIMORE

ORDINANCE NO. 4 82

(Council Bill No. 916)

AN ORDINANCE concerning

REPEAL OF RESERVED PARKING ORDINANCE - CARROLL STREET

FOR the purpose of repealing Ordinance No. 51, approved April 20,
1988, which provided for reserved handicap parking on the west sid(
of Carroll Street for Charles R. Davis.

128

Ord. No. 483

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That Ordinance No. 51, approved April 20, 1988, is
hereby repealed and the authorization for reserved handicap
parking on the west side of Carroll Street south of Cross Street
therein provided, is hereby rescinded.

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Approved April 11, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 483

(Council Bill No. 917)

AN ORDINANCE concerning

REPEAL OF RESERVED PARKING ORDINANCE - CONKLING STREET

FOR the purpose of repealing Ordinance No. 1051, approved
October 2, 1987, which provided for reserved handicap
parking on the west side of Conkling Street for William
Lyons.

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That Ordinance No. 1051, approved October 2, 1987, is
hereby repealed and the authorization for reserved handicap
parking on the west side of Conkling Street north of Cough Street
therein provided, is hereby rescinded.

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Approved April 11, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE
ORDINANCE NO. 484
(Council Bill No. 876)
AN ORDINANCE concerning

SUPPLEMENTARY SPECIAL FUND CAPITAL APPROPRIATION

MAYORALTY RELATED

129

Ord. No. 484

FOR the purpose of providing a supplementary Special Fund Capital
appropriation in the amount of $750,000 to a Mayoralty
Related program (Account No. 9904-127-067) to be used for
renovating and equipping the property and structures located
at 1 West Mt . Vernon Place for use as the Walters Art
Gallery Museum of Asian Art.

By authority of

Article VI - Board of Estimates

Section 2 (h) (2)

Baltimore City Charter (1964 Revision, as amended)

WHEREAS, The money appropriated herein represents a State
Grant in excess of the amount from this source estimated and
relied upon by the Board of Estimates in determining the tax levy
required to balance the budget for the 1990 fiscal year, and said
money is therefore available for appropriation to a Mayoralty
Related program pursuant to the provisions of Article VI, Section
2(h)(2) of the Baltimore City Charter (1964 Revision, as
amended) ; and

WHEREAS, The additional sum here appropriated is from
sources which could not be expected with reasonable certainty at
the time of the formulation of the current Ordinance of Estimates,
in accordance with Article VI, Section 2(h)(2) of said Charter;
and

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That under the provisions of Article VI, Section
2(h)(2) of the 1964 Revision of the Charter of Baltimore City,
the "sum of $750,000 shall be made available to a Mayoralty
Related program (Account No. 9904-127-067) as a supplementary
Special Fund Capital appropriation for the fiscal year ending
June 30, 1990 to be used for renovating and equipping the
property and structures located at 1 West Mt. Vernon Place for
use as the Walters Art Gallery Museum of Asian Art. The amount
thus made available as a supplementary Special Fund Capital
appropriation shall be expended from a State Grant in excess of
the amount from this source which was estimated or relied upon by
the Board of Estimates in determining the tax levy required to
balance the budget for the 1990 fiscal year; and said funds from
said State Grant shall be the source of revenue for this
supplementary Special Fund Capital appropriation as required by

130

Ord. No. 485

Article VI, Section 2(h)(2) of the Baltimore City Charter (1964
Revision, as amended) .

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Approved April 30, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 485

(Council Bill No. 906)

AN ORDINANCE concerning

SUPPLEMENTARY MAYOR AND CITY COUNCIL
REAL PROPERTY CAPITAL APPROPRIATION - DEPARTMENT OF EDUCATION

FOR the purpose of providing a supplementary Mayor and City

Council Real Property Capital appropriation in the amount of
$104,950 to the Department of Education (Account No. 9932-
418-019) to support student relocation and moving expenses
from Diggs-Johnson School to Carroll Park School.

By authority of

Article VI - Board of Estimates

Section 2 (h) (1)

Baltimore City Charter (1964 Revision, as amended)

WHEREAS, The money appropriated herein represents
reimbursement from State Stadium Authority for direct loss of
personal property in connection with the sale of the Diggs-
Johnson Middle School (No. 162) in excess of the amount from
these sources estimated and relied upon by the Board of Estimates
in determining the tax levy required to balance the budget for
the 1990 fiscal year, and said money is therefore available for
appropriation to the Department of Education pursuant to the
provisions of Article VI, Section 2(h)(1) of the Baltimore City
Charter (1964 Revision, as amended) ; and

V7HEREAS, The additional sum here appropriated is made
available for expenditure by the Municipal agency responsible for
the production of such revenues in accordance with Article VI,
Section 2(h)(1) of said Charter; and

WHEREAS, This supplementary Mayor and City Council Real
Property Capital appropriation has been recommended to the City
Council by the Board of Estimates at a regular meeting of the

131

Ord. No. 486

Board held on the 7th day of February, 1990, all in accordance
with Article VI, Section 2(h)(1) of the Baltimore City Charter
(1964 Revision, as amended).

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That under the provisions of Article VI, Section
2(h)(1) of the 1964 Revision of the Charter of Baltimore City,
the sum of $104,950 shall be made available to the Department of
Education (Account No. 9932-418-019) as a supplementary Mayor ai
City Council Real Property Capital appropriation for the fiscal
year ending June 30, 1990 to support student relocation and
moving expenses from Diggs-Johnson School to Carroll Park School,
The amount thus made available as a supplementary Mayor and City]
Council Real Property Capital appropriation shall be
reimbursement from State Stadium Authority for direct loss of
personal property in connection with the sale of the Diggs-
Johnson Middle School (No. 162) in excess of the amount from
these sources which was estimated or relied upon by the Board of
Estimates in determining the tax levy required to balance the
budget for the 1990 fiscal year; and said funds from said
reimbursement from State Stadium Authority for direct loss of
personal property in connection with the sale of the Diggs-
Johnson Middle School (No. 162) shall be the source of revenue
for this supplementary Mayor and City Council Real Property
Capital appropriation as required by Article VI, Section 2(h)(1)
of the Baltimore City Charter (1964 Revision, as amended) .

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance .
shall take effect on the date of its enactment.

Approved April 30, 1990

KURT L. SCHMOKE, Mayol

CITY OF BALTIMORE

ORDINANCE NO. 486

(Council Bill No. 892)

AN ORDINANCE concerning

REZONING - 4205-4215 MORTIMER AVENUE

FOR the purpose of changing the zoning for a portion of the

property known as 4205-4215 Mortimer Avenue from the M-2-1
Zoning District to the B-3-1 Zoning District, as outlined i^
red on the plat accompanying this ordinance.

BY amending Zoning District Maps
Sheet No. 11

132

Ord. No. 487

Article 30 - Zoning

Baltimore City Code (1983 Replacement Volume, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That Sheet No. 11 of the Zoning District Maps of
Article 30-Zoning of the Baltimore City Code (1983 Replacement
Volume, as amended) title "Zoning" be and it is hereby amended by
changing from the M-2-1 Zoning District to the B-3-1 Zoning
District a portion of the property known as 4205-4215 Mortimer
Avenue, as outlined in red on the plat accompanying this
ordinance.

Commissioner of the Department of Housing and Community /^

Development, the Supervisor of Assessments for Baltimore City and T*

the Zoning Administrator. j*^

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance ^2

shall take effect on the 30th day after the date of its ^— ^

enactment. "^ ^

—It

Approved May 11, 1990 ^- *"

KURT L. SCHMOKE, Mayor ^ "

CITY OF BALTIMORE

ORDINANCE NO. 4 87 C

(Council Bill No. 893) Q

AN ORDINANCE concerning U

ZONING - APPROVAL FOR CONDITIONAL USE H* U*

DRIVE-IN RESTAURANT WITH A DRIVE-THROUGH WINDOW- "^ ^

4205-4215 MORTIMER AVENUE C/V ^

FOR the purpose of granting permission for the establishment, LiJ *^

maintenance and operation of a drive-in restaurant with a »-, O
drive through window on a portion of the property known as
4205-4215 Mortimer Avenue, as outlined in red on the plats

BY authority of

Article 30 - Zoning

accompanying this ordinance. ^^

133

Ord. No. 488

Sections 6.3-ld and 11.0-6d

Baltimore City Code (1983 Replacement Volume, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That permission is hereby granted for the
establishment, maintenance and operation of a drive-in restaurant
with a drive through window on a portion of the property known as
4205-4215 Mortimer Avenue, as outlined in red on the plats
accompanying this ordinance, under the provisions of Sections
6.3-ld and 11 . 0-6d of Article 30 of the Baltimore City Code (1983
Replacement Volume, as amended) title "Zoning".

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the 30th day after the date of its
enactment.

Approved May 11, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 4 88

(Council Bill No. 923)

AN ORDINANCE concerning

REPEAL OF AN IMPOUNDING AREA

For the purpose of deleting an impounding area on the east side
of Broadway near Thames Street.

By repealing

Article 31 - Transit and Traffic

Subtitle - Impounding Areas

Section 102(6)

Baltimore City Code (1983 Replacement Volume, as amended)

134

Ord. No. 489

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF

BALTIMORE, That Section (s) of the Baltimore City Code (1983

Replacement Volume, as amended) be added, repealed, or amended to
read as follows:

ARTICLE 31 - TRANSIT AND TRAFFIC

Impounding Areas

102(B) Streets

[(6) Broadway, east side, from Thames Street to a point 225'
south of Thames Street.]

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the 30th day after the date of its
enactment.

Approved May 11, 1990

KURT L. SCHMOKE, Mayor

ENROLLED COPY

CITY OF BALTIMORE

ORDINANCE NO. 4 89

(Council Bill No. 937)

AN ORDINANCE concerning

RESERVED PARKING - 3 00 BLOCK EAST BALTIMORE STREET

FOR the purpose of providing for reserved parking on the south
side of the 300 block of East Baltimore Street between the
hours of 9 A. M. and 11 A. M. 12 noon for Liquor Board
employees who display a permit.

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That on the south side of the 3 00 block of East
Baltimore Street between the hours of 9 A. M. and 11 A. M. 12
noon parking is reserved for Liquor Board employees who display a
permit.

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Approved May 11, 199 0

KURT L. SCHMOKE, Mayor

135

Ord. No. 490

CITY OF BALTIMORE

ORDINANCE NO. 490

(Council Bill No. 944)

AN ORDINANCE concerning

PARKING - RESERVED
CATHEDRAL STREET

For the purpose of providing for reserved parking on the west
side of Cathedral Street for C.A.R.E. Waxter Medical
Services.

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That on Cathedral Street, west side, from Tyson Street
to a point 54' feet south of Tyson Street, parking is reserved
for C.A.R.E. Waxter Medical Services, displaying a permit.

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Approved May 11, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 491

(Council Bill No. 919)

AN ORDINANCE concerning

UPTON'S MARBLE HILL HISTORIC DISTRICT

FOR the purpose of expanding the Upton Historical and

Architectural Preservation District and renaming it Upton's
Marble Hill Historical and Architectural Preservation
District.

By repealing

Article I - Mayor, City Council, and Municipal Agencies

Subtitle - Commission for Historical and Architectural

Preservation

Section 40(00)

Baltimore City Code (1983 Replacement Volume, as amended)

By adding

Article I - Mayor, City Council, and Municipal Agencies

136

Ord. No. 491

Subtitle - Commission for Historical and Architectural

Preservation

Section 40(00)

Baltimore City Charter (1983 Replacement Volume, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That section (s) of the Baltimore City Code (1983
Replacement Volume, as amended) be added, repealed, or amended,
to read as follows:

ARTICLE 1 - MAYOR, CITY COUNCIL, AND MUNICIPAL AGENCIES

Commission for Historical and Architectural Preservation

40. Created; powers; duties.

[(00) Upton Historical and Architectural Preservation
District:

Beginning for the same at the intersection of the northeast

side of Druid Hill Avenue and the southeast side of McMechen (/J

Street; thence binding on the southeast side of McMechen Street ^

northeasterly to intersect the southwest side of McCulloh Street; •»

thence binding on the southwest side of McCulloh Street C-^ D

southeasterly to intersect the northwest side of Mosher Street; 2^ ^

thence binding on the northwest side of Mosher Street ^ ^

southwesterly to intersect the southwest side of Stoddard Alley; ^^- T"

thence binding on the southwest side of Stoddard Alley -^ U

southeasterly to intersect the northwest side of a 10 foot alley ^* "^

80 feet southeast of Mosher Street and running parallel to Mosher K **

Street; thence binding on the northwest side of said alley ^

southwesterly to intersect the northeast side of Druid Hill cr- ^-

Avenue; thence binding on the northeast side of Druid Hill Avenue . ' ^
northwesterly to the point of beginning.]

(00) THE AREA LOCATED WITHIN THE BOUNDARIES SET FORTH IN
THIS SUBSECTION IS HEREBY DECLARED TO BE THE UPTON'S MARBLE HILL
HISTORICAL AND ARCHITECTURAL PRESERVATION DISTRICT:

BEGINNING FOR THE SAME AT THE POINT FORMED BY THE
INTERSECTION OF THE CENTERLINE OF MCMECHEN STREET AND THE
CENTERLINE OF MCCULLOH STREET AND RUNNING THENCE BINDING ON THE
CENTERLINE OF MCCULLOH STREET, SOUTHEASTERLY 396 FEET, MORE OR
LESS, TO INTERSECT THE CENTERLINE OF MOSHER STREET; THENCE
BINDING ON THE CENTERLINE OF MOSHER STREET, NORTHEASTERLY 14 5 U- T

FEET, MORE OR LESS, TO INTERSECT THE CENTERLINE OF TIFFANY ^^

STREET; THENCE BINDING ON THE CENTERLINE OF TIFFANY STREET, ^^

NORTHWESTERLY 396 FEET, MORE OR LESS, TO INTERSECT THE CENTERLINE 2^*^

OF MCMECHEN STREET; THENCE BINDING ON THE CENTERLINE OF MCMECHEN r-^ ^

STREET, NORTHEASTERLY 160 FEET, MORE OR LESS, TO INTERSECT THE '^

CENTERLINE OF MADISON AVENUE; THENCE BINDING ON THE CENTERLINE OF

137

Ord. No. 491

MADISON AVENUE, SOUTHEASTERLY 3 96 FEET, MORE OR LESS, TO
INTERSECT THE CENTERLINE OF MOSHER STREET; THENCE BINDING ON THE
CENTERLINE OF MOSHER STREET, NORTHEASTERLY 182 FEET, MORE OR
LESS, TO INTERSECT THE CENTERLINE OF MORRIS STREET; THENCE
BINDING ON THE CENTERLINE OF MORRIS STREET, SOUTHEASTERLY 198
FEET, MORE OR LESS, TO AN OFFSET IN MORRIS STREET; THENCE
SOUTHWESTERLY 10 FEET, MORE OR LESS, TO INTERSECT THE CENTERLINE
OF MORRIS STREET LAID OUT 130 FEET, MORE OR LESS, NORTHEAST OF
MADISON AVENUE; THENCE BINDING ON THE CENTERLINE OF LAST SAID
MORRIS STREET, SOUTHEASTERLY 198 FEET, MORE OR LESS, TO INTERSECT
THE CENTERLINE OF LAFAYETTE AVENUE; THENCE BINDING ON THE
CENTERLINE OF LAFAYETTE AVENUE, SOUTHWESTERLY 777 FEET, MORE OR
LESS, TO INTERSECT THE CENTERLINE OF DRUID HILL AVENUE; THENCE
BINDING ON THE CENTERLINE OF DRUID HILL AVENUE, SOUTHEASTERLY 415
FEET MORE OR LESS, TO INTERSECT THE CENTERLINE OF LANVALE STREET;
THENCE BINDING ON THE CENTERLINE OF LANVALE STREET, SOUTHWESTERLY
213 FEET, MORE OR LESS, TO INTERSECT THE CENTERLINE OF ETTING
STREET; THENCE BINDING ON THE CENTERLINE OF ETTING STREET,
NORTHWESTERLY 147 FEET, MORE OR LESS, TO INTERSECT THE CENTERLINE
OF A 10 FOOT ALLEY; THENCE BINDING ON THE CENTERLINE OF SAID 10
FOOT ALLEY, NORTHEASTERLY 8 6 FEET, MORE OR LESS, TO INTERSECT THE
CENTERLINE OF ANOTHER 10 FOOT ALLEY LAID OUT 9 0 FEET, MORE OR
LESS, SOUTHWEST OF DRUID HILL AVENUE; THENCE BINDING ON THE
CENTERLINE OF LAST SAID 10 FOOT ALLEY, CROSSING LAFAYETTE AVENUE,
NORTHWESTERLY 415 FEET, MORE OR LESS, TO THE SOUTHEAST OUTLINE OF
THE PROPERTY KNOWN AS NO. 1412 DRUID HILL AVENUE; THENCE BINDING
IN PART ON SAID OUTLINE, IN PART ON THE NORTHWEST OUTLINE OF THE
PROPERTY KNOWN AS NO. 14 03 ETTING STREET, AND IN ALL,
SOUTHWESTERLY 22 FEET, MORE OR LESS, TO THE CENTERLINE OF ANOTHER
10 FOOT ALLEY LAID OUT 4 5 FEET, MORE OR LESS, NORTHEAST OF ETTING
STREET; THENCE BINDING ON THE CENTERLINE OF LAST SAID 10 FOOT
ALLEY, NORTHWESTERLY 4 0 FEET, MORE OR LESS, TO THE SOUTHEAST
OUTLINE OF THE PROPERTY KNOWN AS NO. 1411/1413 ETTING STREET;
THENCE BINDING IN PART ON LAST SAID OUTLINE, IN PART ON THE
DIVISION LINE BETWEEN LAST SAID OUTLINE AND THE PROPERTY
ADJOINING ON THE SOUTHEAST THEREOF KNOWN AS NO. 14 09 ETTING
STREET, IN PART ON THE LINE OF SAID DIVISION LINE IF PROJECTED
SOUTHWESTERLY, AND IN ALL, SOUTHWESTERLY 7 0 FEET, MORE OR LESS,
TO INTERSECT THE CENTERLINE OF ETTING STREET; THENCE BINDING ON
THE CENTERLINE OF ETTING STREET, NORTHWESTERLY 85 FEET, MORE OR
LESS, TO INTERSECT THE CENTERLINE OF A 10 FOOT ALLEY; THENCE
BINDING ON THE CENTERLINE OF LAST SAID 10 FOOT ALLEY,
NORTHEASTERLY 7 6 FEET, MORE OR LESS, TO INTERSECT THE CENTERLINE
OF ANOTHER 10 FOOT ALLEY LAID OUT 100 FEET, MORE OR LESS,
SOUTHWEST OF DRUID HILL AVENUE; THENCE BINDING ON THE CENTERLINE
OF LAST SAID 10 FOOT ALLEY, NORTHWESTERLY 13 6 FEET, MORE OR LESS,
TO INTERSECT THE CENTERLINE OF MOSHER STREET; THENCE BINDING ON
THE CENTERLINE OF MOSHER STREET, NORTHEASTERLY 138 FEET, MORE OR
LESS, TO INTERSECT THE CENTERLINE OF DRUID HILL AVENUE; THENCE
BINDING ON THE CENTERLINE OF DRUID HILL AVENUE, NORTHWESTERLY 398
FEET, MORE OR LESS, TO INTERSECT THE CENTERLINE OF MCMECHEN

138

Ord. No. 491

STREET; THENCE BINDING ON THE CENTERLINE OF MCMECHEN STREET,

SOUTHWESTERLY 12 5 FEET, MORE OR LESS, TO INTERSECT THE CENTERLINE

OF A 4 FOOT ALLEY LAID OUT IN THE REAR OF THE PROPERTIES KNOWN AS

NOS. 1600 THROUGH 1608 DRUID HILL AVENUE; THENCE BINDING ON THE

CENTERLINE OF SAID 4 FOOT ALLEY, NORTHWESTERLY 113 FEET, MORE OR

LESS, TO INTERSECT THE CENTERLINE OF A 3 FOOT ALLEY LAID OUT

ADJACENT TO THE SOUTHEAST OUTLINE OF THE PROPERTY KNOWN AS NO.

1610/1614 DRUID HILL AVENUE; THENCE BINDING ON THE CENTERLINE OF

SAID 3 FOOT ALLEY, SOUTHWESTERLY 2 4 FEET, MORE OR LESS, TO

INTERSECT THE LINE OF THE SOUTHWEST OUTLINES OF THE PROPERTIES

KNOWN AS NOS. 1610 THROUGH 1624 DRUID HILL AVENUE, IF PROJECTED

SOUTHEASTERLY; THENCE REVERSELY IN PART ON LAST SAID LINE SO

PROJECTED, IN PART ON THE SOUTHWEST OUTLINES OF LAST SAID

PROPERTIES, AND IN ALL, NORTHWESTERLY 161.5 FEET, MORE OR LESS,

TO THE REAR OUTLINE OF THE PROPERTY KNOWN AS NO. 503 WILSON

STREET; THENCE BINDING IN PART ON PART OF THE REAR OUTLINE OF

LAST SAID PROPERTY, IN PART ON PART OF THE NORTHWEST OUTLINE OF

THE PROPERTY KNOWN AS NO. 1624 DRUID HILL AVENUE, AND IN ALL,

NORTHEASTERLY 16 FEET, MORE OR LESS, TO INTERSECT THE CENTERLINE

OF A 10 FOOT ALLEY LAID OUT 9 5 FEET, MORE OR LESS, SOUTHWEST OF

DRUID HILL AVENUE; THENCE BINDING ON THE CENTERLINE OF LAST SAID

10 FOOT ALLEY, NORTHWESTERLY 12 4 FEET, MORE OR LESS, TO INTERSECT

THE CENTERLINE OF WILSON STREET; THENCE BINDING ON THE CENTERLINE

OF WILSON STREET, SOUTHWESTERLY 5 FEET, MORE OR LESS, TO O (i

INTERSECT THE CENTERLINE OF A 10 FOOT ALLEY LAID OUT 100 FEET, ^— , ^

MORE OR LESS, SOUTHWEST OF DRUID HILL AVENUE; THENCE BINDING ON ^

THE CENTERLINE OF LAST SAID 10 FOOT ALLEY, NORTHWESTERLY 183 <^ ^

FEET, MORE OR LESS, TO A SOUTHEAST OUTLINE OF LOT 62 OF BLOCK 339 — J C-

KNOWN AS NO. 52 0 WILSON STREET, ALSO KNOWN AS LOT 3 4 AS SHOWN ON ^- ^

A PLAT ENTITLED, "AMENDED UPTON PROJECT FINAL SUBDIVISION PLAN", D^ *^

RECORDED AMONG THE LAND RECORDS OF BALTIMORE CITY AND FILED IN "^3

POCKET FOLDER W.A. NO. 2699, DATED: JANUARY 23, 1980; THENCE ^^

BINDING ON LAST SAID OUTLINE AND ON AN EAST OUTLINE OF SAID LOT ^ ^

THE TWO FOLLOWING COURSES AND DISTANCES; NAMELY, NORTH 46 -25'- ^- U

00" EAST 10 FEET, MORE OR LESS, AND NORTH 02°-28'-50" WEST 5.35 C

FEET TO THE DIVISION LINE BETWEEN SAID LOT 62 AND THE PROPERTIES U* ^

KNOWN AS NO. 172 0 THROUGH 17 3 2 DRUID HILL AVENUE; THENCE BINDING O

ON LAST SAID DIVISION LINE, NORTH 43«>-58'-00" WEST 102 FEET, MORE

OR LESS, TO THE NORTHWEST OUTLINE OF SAID PROPERTY KNOWN AS NO.

17 3 2 DRUID HILL AVENUE; THENCE BINDING ON PART OF THE NORTHWEST

OUTLINE OF LAST SAID PROPERTY, NORTHEASTERLY 14 FEET, MORE OR

LESS, TO THE REAR OUTLINE OF THE PROPERTY KNOWN AS NO. 17 34 DRUID

HILL AVENUE; THENCE BINDING ON PART OF THE REAR OUTLINE OF LAST

SAID PROPERTY, NORTHERLY 11 FEET, MORE OR LESS, TO INTERSECT THE

CENTERLINE OF AN ALLEY LAID OUT IN THE REAR OF THE PROPERTIES

KNOWN AS NOS. 17 3 4 THROUGH 17 4 2 DRUID HILL AVENUE; THENCE BINDING

ON THE CENTERLINE OF LAST SAID ALLEY, NORTHWESTERLY 9 5 FEET, MORE

OR LESS, TO INTERSECT THE CENTERLINE OF LAURENS STREET; THENCE

BINDING ON THE CENTERLINE OF LAURENS STREET, NORTHEASTERLY 24 3 •— \ ^

FEET, MORE OR LESS, TO INTERSECT THE CENTERLINE OF STODDARD ^

ALLEY; THENCE BINDING ON THE CENTERLINE OF STODDARD ALLEY,

139

C/5

S^K

Ord. No. 492

SOUTHEASTERLY 792 FEET, MORE OR LESS, TO INTERSECT THE CENTERLINE
OF MCMECHEN STREET, AND THENCE BINDING ON THE CENTERLINE OF
MCMECHEN STREET, NORTHEASTERLY 163 FEET, MORE OR LESS, TO THE
PLACE OF BEGINNING.

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the 30th day after the date of its
enactment.

Approved May 21, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 492

(Council Bill No. 936)

AN ORDINANCE concerning

URBAN RENEWAL - INNER HARBOR EAST
AMENDMENT NO. 5

FOR the purpose of amending the Urban Renewal Plan for the Inner
Harbor East Urban Renewal Area to, among other things, (1)
delete certain properties from acquisition; (2) create and/or
modify the boundaries of certain development lots for future
development and right-of-way use; (3) change the land use of
certain properties; (4) change certain proposed zoning
district changes; (5) recommend the closing and/or opening of
certain streets (6) provide and/or revise standards and
controls for certain existing and newly created development
lots; (7) revise and/or delete certain Exhibits attached to
said Urban Renewal Plan to reflect changes provided herein;
(8) provide that the approval of this amendment to the Urban
Renewal Plan shall not be construed as an enactment of said
amendments to the Zoning Ordinance of Baltimore City as
proposed herein; (9) waive such requirements, if any, as to
the content or procedure for the preparation, adoption and
approval of renewal plans as set forth in Article 13 of the
Baltimore City Code (1983 Replacement Volume) which the
Renewal Plan for Inner Harbor East may not meet; (10) provide
for the severability of the various parts and applications of
this ordinance; (11) provide that where the provisions of this
ordinance shall conflict with any other ordinance, code, or
regulation in force in the City of Baltimore, the provision
which establishes the higher standard shall prevail; and (12)
provide for an effective date hereof.

140

Ord. No. 492

WHEREAS, an Urban Renewal Plan for Inner Harbor East was first
approved by the Mayor and City Council of Baltimore by Ordinance
No. 1188; dated November 19, 1971, and last amended by the Board
of Estimates on March 26, 1986; and

WHEREAS, pursuant to Article 13 of the Baltimore City Code
(1983 Replacement Volume), no substantial change or changes shall
be made in any renewal plan after approval by ordinance, without
such change or changes, first being adopted and approved in the
same manner as set forth in said Article 13 for the approval of
renewal plans, namely the preparation of such change or changes by
the Department of Housing and Community Development, the approval
of such change or changes by the Director of the Department of
Planning, and approval and adoption by ordinance of the Mayor and
City Council of Baltimore after a public hearing in relation
thereto, all in the manner set forth in said Article 13; and

WHEREAS, extensive changes in the Renewal Plan for Inner
Harbor East make it infeasible to make line-by-line changes;
therefore, the Department of Housing and Community Development has
prepared an amended Urban Renewal Plan for Inner Harbor East; and //J

101 Concord Street
500 Dugan's Way

WHEREAS, said amended Renewal Plan for Inner Harbor East has _

been approved by the Director of the Department of Planning with ^^J C
respect to its conformity as to the Master Plan, the detailed
location of any public improvements proposed in the amended Renewal

Plan, its conformity as to the rules and regulations for <^ C

subdivisions, and its conformity to existing and proposed zoning w-J C-

classifications; and the said amended Renewal Plan has been ^" ^

approved and recommended to the Mayor and City Council of p^ •*•

Baltimore, by the Commissioner of the Department of Housing and "JjJ

Community Development; now therefore, ^^ ^

SECTION 1 . BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF ^ C-.
BALTIMORE, That the amended Urban Renewal Plan for Inner Harbor C.

East, identified as "Urban Renewal Plan, Inner Harbor East Urban Li-* ^

Renewal Area," revised to include Amendment No. 5, dated January ^^
24, 1990, and further revised April 11. 1990. having been duly

reviewed and considered, is hereby approved and the Clerk of the k^ H-

City Council is hereby directed to file a copy of said amended ^" (^

Urban Renewal Plan with the Department of Legislative Reference as [— ^

a permanent public record and to make the same available for public "TT ^

inspection and information. ^^ .^

SEC. 2. AND BE IT FURTHER ORDAINED, That it is necessary to UJ ^

delete the following properties designated as "property eligible ^ C/

for acquisition" on Exhibit A of the Inner Harbor East Urban ^

Renewal Plan, as last amended. Z K'

141

Ord. No. 492

711 Eastern Avenue
751 Eastern Avenue
700 Fleet Street
720 Fleet Street
501 East Pratt Street
729 East Pratt Street
250 President Street
300 President Street

SEC. 3. AND BE IT FURTHER ORDAINED, That the boundaries of
certain existing development lots shall be modified and certain
new development lots shall be created, all as shown in the amended
Urban Renewal Plan on Exhibit B, Development Areas, dated as
revised January 24, 1990, are hereby approved.

SEC. 4. AND BE IT FURTHER ORDAINED, That the land use changes
indicated for certain properties and shown in the amended Urban
Renewal Plan on Exhibit C, Proposed Land Use, dated as revised
January 24, 1990, and further revised April 11. 1990. are hereby
approved.

SEC. 5. AND BE IT FURTHER ORDAINED, That the change or
deletion of certain zoning district changes, as proposed in the
amended Urban Renewal Plan on Exhibit E, Proposed Zoning, dated as
revised January 24, 1990, and further revised April 11. 1990. are
hereby approved.

SEC. 6. AND BE IT FURTHER ORDAINED, That the standards and
controls provided and/ or revised for certain development lots, as
contained in the amended Urban Renewal Plan in Section G.14., dated
as revised January 24, 1990, and further revised April 11. 1990.
are hereby approved.

SEC. 7. AND BE IT FURTHER ORDAINED that revised Exhibits A
through E, dated January 24, 1990, and further revised Exhibits A.
C. and E. dated April 11. 1990. are hereby approved.

SEC. 8. AND BE IT FURTHER ORDAINED, That in whatever respect,
if any, the Renewal Plan approved hereby for the Inner Harbor East
area may not meet the requirements as to the content of a renewal
plan or the procedure for the preparation, adoption, and approval
of renewal plans as provided in Article 13 of the Baltimore City
Code (1983 Replacement Volume) , the said requirements are hereby
waived and the amended Renewal Plan approved hereby is exempted
therefrom.

SEC. 9. AND BE IT FURTHER ORDAINED, That in the event it be
judicially determined that any work, phrase, clause, sentence,
paragraph, section or part in or of this ordinance, or the
application thereof to any persons or circumstances is invalid,
the remaining provisions and the application of such provisions to

142

Ord. No. 493

other persons or circumstances shall not be affected thereby, the
Mayor and City Council hereby declaring that they would have
ordained the remaining provisions of this ordinance without the
word, phrase, clause, sentence, paragraph, section or part, or the
application thereof so held invalid.

SEC. 10. AND BE IT FURTHER ORDAINED, That in any case where
a provision of this ordinance concerns the same subject matter as
an existing provision of any zoning, building, electrical,
plumbing, health, fire or safety ordinance, or code or regulation,
the applicable provisions concerned shall be construed so as to
give effect to each; provided, however, that if such provisions are
found to be in irreconcilable conflict with an existing provision
of any other ordinance or code or regulation in force in the City
of Baltimore which establishes a lower standard for the promotion
and protection of the public health and safety, the provision of
this ordinance shall prevail, and the other existing provision of
such other ordinance or code or regulation is hereby repealed to
the extent that it may be found in conflict with this ordinance.

SEC. 11. AND BE IT FURTHER ORDAINED, That this ordinance 1-

shall take effect from the date of its enactment. ^

Approved May 24, 1990 C^ 0-

KURT L. SCHMOKE, Mayor

REZONING - INNER HARBOR EAST URBAN RENEWAL AREA

<^.

<::c

CITY OF BALTIMORE 7^-^ ^

ORDINANCE NO. 493 D- "^

(Council Bill No. 939) ^- ^
AN ORDINANCE concerning ^

FOR the purpose of changing the zoning of the following properties: ip

701, 921 Aliceanna Street, and the properties on the south ^"^^ f^

side of Aliceanna Street, 202 feet east of Albemarle Street f^ ^

(Lot 1, Block 1801) and on the south side of Aliceanna Street, C* ^

southwest corner of S. Central Avenue (Lot 1, Block 1803), t/0 "^

010-020 C. — Caroline Street, 632 S. Central Avenue, 601 E. rv^ ^
Falls Avenue, 801 Fleet Street, 803 Lancaster Street, 600-606, |C

632, 633, 700, and 701 President Street, and the properties ^^'^ (Z

on the east side of President Street, 117 feet south of Fleet ^>

Street (Lot 4, Block 1799) and on the west side of President "^^

Street, 226 feet south of Aliceanna Street (Lot 3, Block 2^1^

1798) , the former bed of S. Exeter Street between Fleet and r-^ ^

Aliceanna Streets, and an area of the Basin of the N.W. Branch '■""^
of the Patapsco River as outlined in red on the plat

143

Ord. No. 493

accompanying this ordinance from the M-3 to the B-2-4 Zoning
District.

BY amending Zoning District Maps
Sheets No. 56 and 66
Article 30 - Zoning
Baltimore City Code (1983 Replacement Volume, as amended)

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That Sheets No. 56 and 66 of the Zoning District Maps
of Article 30 of the Baltimore City Code (1983 Replacement Volume,
as amended) ) , titled "Zoning" be and they are hereby amended by
changing the zoning of the following properties:

701, 921 Aliceanna Street, and the properties on the south
side of Aliceanna Street, 202 feet east of Albemarle Street
(Lot 1, Block 1801) and on the south side of Aliceanna Street,
southwest corner of S. Central Avenue (Lot 1, Block 1803) ,
010 020 D. Caroline CtrcGt, 632 S. Central Avenue, 601 E.
Falls Avenue, 801 Fleet Street, 803 Lancaster Street,
600-606, 632, 633, 700, and 701 President Street, and the
properties on the east side of President Street, 117 feet
south of Fleet Street (Lot 4, Block 1799) and on the west side
of President Street, .226 feet south of Aliceanna Street (Lot
3, Block 1798), the former bed of S. Exeter Street between
Fleet and Aliceanna Streets, and an area of the Basin of the
N.W. Branch of the Patapsco River as outlined in red on the
plat accompanying this ordinance from the M-3 to the B-2-4
Zoning District.

SECTION 2. AND BE IT FURTHER ORDAINED, That upon passage of
this ordinance by the City Council, as evidence of the
authenticity of the plat which is part hereof and in order to
give notice to the departments which are administering the Zoning
Ordinance, the President of the City Council shall sign the plat,
and when the Mayor approves the ordinance, he shall sign the
plat. The Director of Finance shall then transmit a copy of the
ordinance and one of the plats to the following: the Board of
Municipal and Zoning Appeals, the Planning Commission, the
Commissioner of the Department of Housing and Community
Development, and the Zoning Administrator.

SECTION 3. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Approved May 24, 1990

KURT L. SCHMOKE, Mayor

144

Ord. No. 494

CITY OF BALTIMORE

ORDINANCE NO. 4 94

(Council Bill No. 950)

AN ORDINANCE concerning

SUPPLEMENTARY SPECIAL FUND CAPITAL APPROPRIATION -
DEPARTMENT OF RECREATION AND PARKS

FOR the purpose of providing a supplementary special fund capital
appropriation in the amount of $125,000 to the Department of
Recreation and Parks (Account No. 9938-474-043) to provide
for the repair and improvements to the Lake Roland Dam.

By authority of

Article VI - Board of Estimates

Section 2(h) (2)

Baltimore City Charter (1964 Revision, as amended)

WHEREAS, The money appropriated herein represents funding
from Baltimore County in excess of the amount from this source
estimated and relied upon by the Board of Estimates in
determining the tax levy required to balance the budget for the
1990 fiscal year, and said money is therefore available for
appropriation to the Department of Recreation and Parks (Ajccount
No. 9938-434-043) pursuant to the provisions of Article VI,
Section 2(h)(2) of the Baltimore City Charter (1964 Revision, as
amended) ; and

WHEREAS, This supplementary Special Fund Capital
appropriation has been recommended to the City Council by the
Board of Estimates at a regular meeting of the Board held on the
28th day of March, 1990, all in accordance with Article VI,
Section 2(h)(2) of the Baltimore City Charter (1964 Revision, as
amended) .

145

iT.

Oft

z:<:

-JC •

>-'

en"

<:^

-zSft.

i£:

u-o.

r-i

C/)^

uJp-

STk

:=i^

Ord. No. 495

for the repair and improvements to the Lake Roland Dam which
could not reasonably be anticipated at the time of formulation of
the proposed fiscal 1990 Ordinance of Estimates. The amount thus
made available as a supplementary Special Fund Capital
appropriation shall be provided by Baltimore County in excess of
the amount from this source which was estimated or relied upon by
the Board of Estimates in determining the tax levy required to
balance the budget for the 1990 fiscal year; and said funds from
said Baltimore County shall be the source of revenue for this
supplementary Special Fund Capital appropriation as required by
Article VI, Section 2(h)(2) of the Baltimore City Charter (1964
Revision, as amended) .

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance
shall take effect on the date of its enactment.

Approved May 24, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 4 95

(Council Bill No. 1003)

AN ORDINANCE concerning

ISSUANCE OF REVENUE BONDS, REVENUE NOTES, REFUNDING REVENUE BONDS
AND REFUNDING REVENUE NOTES (WATER PROJECTS)

FOR the purpose of authorizing and providing for the issuance
from time to time, by Mayor and City Council of Baltimore
(the "City") of its notes or bonds, designated "Revenue
Notes (Water Projects)" or "Revenue Bonds (Water Projects)",
as the case may be, in an aggregate principal amount not
exceeding seventy-five million dollars ($75,000,000)
pursuant to the provisions of Article 31, Section 12 of the
Annotated Code of Maryland (1986 Replacement Volume and 1989
Cumulative Supplement) , as amended from time to time, and in
accordance with the revenue bond authority contained in
Article II, Section 50 of the Charter of Baltimore City
(1964 Revision) , as amended (the "City Charter") , in order
to use the proceeds for the public purposes of (a) refunding
certain of the City's outstanding revenue bonds and revenue
notes which were issued to finance and refinance capital
improvements for water facilities of the City, (b)
financing, in part, certain water facilities of the City, as
provided in this Ordinance, (c) funding capitalized interest
on such revenue bonds and revenue notes to the extent deemed
necessary and in accordance with any limitation on the

146

Ord. No. 495

period for such funding established by law, (d) paying the

Costs of Issuance (as defined in this Ordinance) of such

revenue notes or revenue bonds and (e) funding any reserve

funds, including, without limitation, reserves for such

revenue bonds and operating reserves, created pursuant to

this Ordinance or the Administrative Resolution (as defined

in this Ordinance) (any revenue note issued pursuant hereto,

including any parity revenue note issued pursuant to any

ordinance supplemental hereto, is referred to herein as a

"Revenue Note," and any revenue bond issued pursuant hereto,

including any parity revenue bond issued pursuant to any

ordinance supplemental hereto, is referred to herein as a

"Revenue Bond"; the terms Revenue Note and Revenue Bond are

further defined in the Recitals to this Ordinance) ;

authorizing and providing for the refunding, renewal or

refinancing of the Revenue Notes or the Revenue Bonds,

in whole or in part, from time to time by the City by the

issuance of refunding, renewal or refinancing notes or

bonds, as the case may be, and authorizing and providing for

the refunding, renewal or refinancing of any such refunding,

renewal or refinancing notes or bonds, all in accordance

with Article II, Section 50 of the City Charter and Article

31, Section 12 of the Annotated Code of Maryland (1986 ^

Replacement Volume and 1989 Cumulative Supplement) (any note /^ r

issued pursuant hereto as a refunding, renewal or •— ^ ^

refinancing note, including any parity note issued pursuant ^- *

to any ordinance supplemental hereto, is referred to herein ^, L

as a "Refunding Revenue Note"; any bond issued pursuant ■— J C

hereto as a refunding, renewal or refinancing bond, ^. -

including any parity bond issued pursuant to any ordinance - -

supplemental hereto, is referred to herein as a "Refunding

Revenue Bond"; and the Refunding Revenue Notes and the

Refunding Revenue Bonds are collectively referred to as the ^>

"Refunding Obligations"; the terms Refunding Revenue Note ^^

and Refunding Revenue Bond are further defined in the

Recitals to this Ordinance) ; authorizing the use of the LJ-

proceeds of any Refunding Obligations for the public C^

purposes of (a) refunding any outstanding Revenue

Obligations, including the payment of any redemption premium

thereon, (b) paying the Costs of Issuance (as defined in

this Ordinance) , of such Refunding Obligations and (c)

funding any reserve funds for the Refunding Obligations,

including, without limitation, reserves for the payment of W/

interest thereon, and operating reserves, created pursuant Qi

to this Ordinance or the Administrative Resolution (defined ijj

herein) ; authorizing the Board of Finance to make various •— ^ (^

determinations by resolution with regard to the terms and ^^

provisions of the Revenue Notes, the Revenue Bonds, the 'y^ ^

Refunding Revenue Notes and the Refunding Revenue Bonds ^T jv'

(collectively, the "Revenue Obligations"), including the use ^-nJ

147

Ord. No. 495

of certain expedited procedures; providing for private
(negotiated) sale of the Revenue Obligations unless the
Board of Finance shall determine that a particular issue orj
series of Revenue Obligations shall be sold by competitive
bidding; providing that the Revenue Obligations (a) shall be
payable solely and only from (i) Pledged Revenues (as
defined in this Ordinance) of the Water Utility of the City
established in accordance with Article 6, Section 11 of the
City Charter, and Ordinance No. 941 of the City, approved
by the Mayor on December 14, 1978, (ii) amounts in any funds
pledged to the payment of the Revenue Obligations,
including, without limitation, reserve funds established by
the Board of Finance for the payment of the principal of,
premium on, if any, and interest on the Revenue Obligations,
including investment earnings on any such funds (to the
extent provided by the Board of Finance) , (iii) unexpended
proceeds of the Revenue Obligations, including investment
earnings on such proceeds (to the extent provided by the
Board of Finance), and (iv) other amounts legally available
therefor (the "Pledged Amounts") , (b) shall not ever
constitute within the meaning of any constitutional or
charter provision or otherwise (i) an indebtedness of the
City or any other political subdivision of the State of
Maryland or (ii) a charge against the general credit or
taxing powers of the City and (c) shall not ever constitute
(directly, indirectly or contingently) an obligation, moral
or otherwise, of the State of Maryland or of any political
subdivision thereof, including the City, to levy or pledge
any form of taxation whatever therefor for their payment;
pledging the Pledged Amounts to the payment of debt service
on the Revenue Obligations to the extent provided in the
Administrative Resolution; authorizing the creation of debt
service reserve funds, as additional security for the
payment of the Revenue Obligations (to the extent provided
by the Board of Finance), and other reserve funds, as
determined by the Board of Finance; authorizing the issuance
of Indebtedness (as defined in this Ordinance) which may (to
the extent provided by the Board of Finance) be secured by
the Pledged Amounts, provided that any such claim of such
Indebtedness to the Pledged Amounts shall be junior and
subordinate as provided in this Ordinance; establishing
certain covenants of the City with respect to the water
rates and charges to be established and maintained by the
City from time to time, including, without limitation, the
covenant to establish and maintain water rates and charges
at a level sufficient, together with other amounts in the
Water Operating Fund and available therefor, to meet for
each Fiscal Year of the City (defined herein) the Operating
Reguirements of the Utility (defined herein) and to assure
at least a one hundred and twenty percent (12 0%) coverage
from Pledged Revenues (defined herein) of Maximum Annual

148

Ord. No. 495

Debt Service on the Revenue Obligations (defined herein) ;
providing for the disbursement of the proceeds of the
Revenue Obligations (defined herein) ; authorizing the City
to borrow on a short term basis, from time to time, pursuant
to applicable law, an amount not to exceed an amount equal
to the amount of Accounts Receivable (defined herein) as of
the last day of the immediately preceding month multiplied
by the average Accounts Receivable collection rate of the
City for the three most recent Fiscal Years and providing
that such borrowing may be accomplished by, among other
things, the issuance of Revenue Obligations and providing
that the amounts so borrowed shall be in addition to the
amount of Revenue Obligations authorized in Section 2 of
this Ordinance; authorizing the issuance of any Revenue
Notes and Refunding Revenue Notes as bond anticipation notes
pursuant to the Bond Anticipation Note Enabling Act (defined
herein) and providing for the payment of any such Revenue
Notes or Refunding Revenue Notes from the first proceeds of
any Refunding Revenue Bonds issued by the City in an amount
necessary, together with any other available funds, to
provide for the payment of the principal of and interest on
such outstanding notes at maturity, and, if any such Revenue
Notes or Refunding Revenue Notes are issued hereunder,
covenanting to issue Refunding Revenue Bonds when, and as
soon as, the reason for delaying the issuance thereof no
longer exists; establishing certain covenants of the City
with respect to the water enterprise utility and with
respect to the Revenue Obligations; providing that the
proceeds of the Revenue Obligations or any monies which may
be deemed to be proceeds thereof, will not be used in a
manner which would cause the Revenue Obligations to be
arbitrage bonds; providing that the Board of Finance may
determine by resolution or other appropriate action certain
other matters pertaining to the issuance, sale or delivery
of any series of the Revenue Obligations; providing that
certain actions may be taken with respect to the
consolidation of the Water Utility with the wastewater
utility of the City and with respect to the security for the
Revenue Obligations, under certain circumstances; providing
for the recalculation of Pledged Revenues under certain
changed circumstances; providing for the amendment or
supplementation of this Ordinance to increase the authorized
amount of Revenue Obligations, so long as such amendment or
supplementation is in accordance with this Ordinance, the
Administrative Resolution and any resolutions of the Board
of Finance relating thereto; and generally relating to the
issuance, sale, delivery and payment of all Revenue
Obligations.

2:-

«a;c

-]c

>-•

en-

«:^" -

-=2C

UJV

::d-

149

Ord. No. 495

RECITALS

A. For convenience of reference, Mayor and City Council of
Baltimore, a municipal corporation organized and existing under
the Constitution and laws of the State of Maryland, is
hereinafter sometimes referred to as the "City".

B. By City Charter amendment and ordinance (both described
herein) , the City established a separate enterprise system for
the City's water utility (the "Water Utility") in December of
1978. The Water Utility roguirca requires capital funding from
time to time for improvements to its facilities, which funding
may come from various sources. The City has determined to issue
revenue bonds and refunding obligations to provide the funding
for Water Utility capital projects as an important step in the
implementation of a fully separate, self-sustaining enterprise
system as envisioned by the Charter of Baltimore City, 1964
Revision, as amended (the "City Charter") . The revenue bonds
will require and the City Charter does require that rates and
charges established for the Water Utility be maintained at a
level permitting the Water Utility to operate on a self-
supporting basis. This Ordinance sets forth the procedure for
the issuance of revenue bonds in furtherance of this self-
supporting concept.

C. Section 50 ("Section 50") of Article II of the City
Charter authorizes the City to borrow money to finance
undertakings for the accomplishment of any of the purposes,
objects and powers of the Citv and in connection therewith to
issue bonds, notes or other obligations (including refunding
obligations) payable as to both principal and interest solely
from and secured solely by a pledge of the revenues from or
arising in connection with the property, facilities, development
and improvements whose financing is undertaken by issuance of
such notes, bonds or other obligations.

D. Article 31, Section 12 of the Annotated Code of Marylan
(1986 Replacement Volume and 1989 Cumulative Supplement) (the
"Bond Anticipation Note Enabling Act") authorizes and empowers
the City to borrow money in anticipation of the issuance of
obligations authorized under Section 50 and to evidence such
borrowing by the issuance and sale of its bond anticipation note
in aggregate amount not greater than the authorized amount of th
obligations in anticipation of the sale of which the notes are
issued and sold. The Bond Anticipation Note Enabling Act
provides that such notes shall be payable as to interest and
principal (except to the extent paid from proceeds of the sale o
the notes) from the first proceeds of the obligations in
anticipation of the sale of which such notes are issued. The
Bond Anticipation Note Enabling Act further authorizes and
empowers the City to pay up to twelve months' interest on the

150

Ord. No. 495

notes from the proceeds of the notes. The Bond Anticipation Note
Enabling Act authorizes the sale of any notes to be issued
pursuant to such act by public sale or by private negotiation
with prospective purchasers, if such negotiated sale is deemed by
the City to be in the best interest of the City. The Bond
Anticipation Note Enabling Act authorizes the renewal at maturity
of bond anticipation notes issued thereunder, with or without
resale.

E. Section 50 and the Bond Anticipation Note Enabling Act
are together referred to herein as the "Enabling Laws." Subject
to further definition in Section 1 of this Ordinance, (i) notes
issued under this Ordinance, including parity notes issued
pursuant to any ordinance supplemental hereto, are referred to
herein as "Revenue Notes" or "Refunding Revenue Notes," as the
case may be; (ii) bonds issued under this Ordinance, including
parity bonds, issued pursuant to any ordinance supplemental
hereto, are referred to herein as "Revenue Bonds" or "Refunding
Revenue Bonds," as the case may be; (iii) the Revenue Notes, the
Refunding Revenue Notes, the Revenue Bonds and the Refunding
Revenue Bonds are collectively referred to herein as the "Revenue

Obligations"; and (iv) the Refunding Revenue Notes and the ,

Refunding Revenue Bonds are collectively referred to herein as ^.^ '

the "Refunding Obligations." ^J C

F. The City proposes to spend a portion of the proceeds of ^--* r
the Revenue Notes or the Revenue Bonds to refund certain ". ,
outstanding revenue bonds and revenue notes which were issued to J^*^ ^
finance and refinance capital improvements for water facilities ^*
in the City. The City proposes to expend the balance of the Qi '
proceeds of the Revenue Notes or the Revenue Bonds, after the ^f
payment of Costs of Issuance and the creation of necessary ^« ^
reserves, including without limitation, debt service reserves and ^- ^
operating reserves, for the general public purposes of financing

the costs of Water Utility capital projects (i) appropriated in •.

any past or the current Ordinance of Estimates (as of the date of 'pZ '

issuance of any series of Revenue Obligations), (ii) included, ^y
from time to time, in the City's six-year capital program (or
comparable document, from time to time) , (iii) contained in any
supplemental appropriation to the Ordinance of Estimates approved
from time to time by the City Council or (iv) which are the

subjects of transfers from existing appropriations in the ^^ ^^

Ordinance of Estimates, as approved, from time to time, by the fy^ ^*

Board of Estimates (collectively, the "Financed Facilities"). ^i C

The proceeds of the Revenue Bonds may be used to repay to the L-iJ ^

City amounts expended for the Financed Facilities in anticipation *^> ^^

of the issuance of the Revenue Obligations. All water facilities ^*

of the City, including the Financed Facilities, are referred to 2^ K]

herein as the "Water Facilities". !ZD

151

^'.

Ord. No. 495

G. The City proposes to spend the proceeds of any Refunding
Obligations hereby authorized for the general public purposes of
paying, prepaying, refinancing or restructuring the debt evidenced b
the Revenue Notes, the Revenue Bonds or any other Refunding
Obligations issued pursuant to this Ordinance, which repayment may
include the payment of any premium on such obligations, the payment
of Costs of Issuance (as defined in this Ordinance) and the creation
of reserve funds for the Refunding Obligations, including, without
limitation, reserves for the payment of the Refunding Obligations.

H. Section 50 confers upon the Board of Finance of the City
(as successor to the Commissioners of Finance of the City) certain
powers in connection with Revenue Obligations issued pursuant
thereto, including, without limitation, the power to determine the
form or forms of obligations, the date of the Revenue Obligations
issued at any particular time, the right of redemption of the Revenu
Obligations prior to maturity, if any, and the rate or rates of
interest to be borne by the Revenue Obligations.

I. Article 6, Section 11 of the City Charter provides that
the Water Utility shall be conducted as a separate self- sustaining
enterprise and that the City shall have adopted by January 1, 1979 a;
ordinance or ordinances as may be necessary or desirable to implemen
the provisions of such Section 11. On December 12, 1978 the City
Council adopted Ordinance No. 941, approved by the Mayor on December
14, 1978, providing for the implementation of a separate enterprise
system for the Water Utility.

J. In addition to any Revenue Obligation proceeds which may
be available for the payment of one or more series of Revenue
Obligations, the Revenue Obligations shall be payable solely and onl;
from (i) Operating Revenues of the Utility (defined herein) arising
from the increase in Rates and Charges (defined herein) established
by the City from time to time over those Rates and Charges
established by the City as of June 30, 1979 (the "Pledged Revenues")
(ii) amounts in any funds pledged to the payment of the Revenue
Obligations, including without limitation, any reserve funds
established by the Board of Finance for the payment of the principal
of, premium on, if any, and interest on the Revenue Obligations,
including investment earnings on any such funds (to the extent
provided by the Board of Finance) , (iii) unexpended proceeds of the
Revenue Obligations, including investment earnings on such proceeds
(to the extent provided by the Board of Finance) , and (iv) other
amounts legally available therefor; provided, however, that if after
the date of issuance of any series of Revenue Obligations, the metho
of setting Rates and Charges which was utilized as of June 30, 1979
is changed by the City (the "New Method") , the Pledged Revenues for
any period shall be the Operating Revenues of the Utility arising
from the increase in Rates and Charges established by the City under
the New Method over those Rates and Charges which would have been

152

Ord. No. 495

established by the City as of June 30, 1979 had the City applied
the New Method as of June 30, 1979; provided further, however,
that the New Method shall be applied only to the extent that such
application does not result in any breach of the rate
requirements, as of the date of such application, as provided in
the Administrative Resolution (defined herein) .

K. The Revenue Obligations shall not ever constitute within
the meaning of any constitutional or charter provision or
otherwise (i) an indebtedness of the City or any other political
subdivision of the State of Maryland or (ii) a charge against the
general credit or taxing powers of the City. The issuance of the
Revenue Obligations is not directly or indirectly or contingently
an obligation, moral or otherwise, of the State of Maryland or of
any political subdivision thereof, including the City, to levy or
pledge any form of taxation whatever therefor for their payment.

SEC 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
BALTIMORE, That, in addition to any other terms defined elsewhere
in this Ordinance, the following terms shall have the following
meanings in this Ordinance:

"Accounts Receivable" means the accounts receivable of the
Water Utility determined in accordance with generally accepted
accounting principles, as reflected in the financial statements
of the Water Utility.

"Administrative Resolution" means, collectively, the
resolution or resolutions adopted by the Board of Finance
pursuant to this Ordinance.

"Balloon Indebtedness" means Indebtedness 25% or more of the
principal amount of which matures in the same 12 month period,
which portion of such principal amount is not required by the
documents governing such Indebtedness to be amortized by
redemption prior to such period. Optional Tender Indebtedness
shall not be deemed to constitute Balloon Indebtedness solely by
reason of the option of the holder thereof to require the
redemption or purchase thereof or any required purchase or
redemption thereof in connection with any termination of any
Credit Facility securing such Optional Tender Indebtedness prior
to the stated maturity thereof.

"Capital Receipts of the Utility" means all receipts
deposited in the Water Capital Fund of the Water Utility or any
fund for capital projects created pursuant to the Administrative "~-^ "-

Resolution, including, without limitation, revenues, receipts ^*

from federal grants. State of Maryland grants, county grants ^^ ^

(including contributions for service) , private grants. State of ,JZ^ ^

Maryland loans. City general obligation loan funds, proceeds of .

153

I-

2='

<3:c

-Jt

>-•

or.'

c^^ »

-=2C

U-(

c^-:

fSS

;=)

Ord. No. 495

the Revenue Obligations and all other receipts dedicated to
particular capital projects of the Water Utility.

"Costs of Issuance" means the costs of issuing any series of
Revenue Obligations, including, without limitation, costs of
engraving, printing, advertising, attorneys fees, underwriting
discount, placement fees, consultants fees, bond insurance fees,
rating agency fees, initial fees for letters of credit or lines
of credit, initial fees of the Trustee and all other incidental
expenses connected therewith.

"Credit Facility" means any Liquidity Facility, letter of
credit, bond insurance policy, bond purchase agreement, guaranty,
line of credit, surety bond or similar credit or liquidity
facility securing any Revenue Obligation or other Indebtedness of
the City.

"Credit Facility Agreement" means the agreement pursuant to
which any Credit Facility is issu-ed.

"Debt Service Requirements" means, when used with respect to
any Indebtedness for any Fiscal Year or bond year established by
the Board of Finance in the Administrative Resolution (the "Bond
Year") (as the case may be), as of any particular date of
calculation, the amount required to pay the sum of (a) the
interest on such Indebtedness payable during the period from the
second day of such Fiscal Year or Bond Year (as the case may be)
through the first day of the immediately succeeding Fiscal Year
or Bond Year (as the case may be), and (b) the principal of, the
sinking fund installment for and any other amount required to
effect any mandatory redemption of such Indebtedness, if any,
during the period from the second day of such Fiscal Year or Bond
Year (as the case may be) through the first day of the
immediately succeeding Fiscal Year or Bond Year (as the case may
be) , less any amount of such interest or principal for the
payment of which moneys or investment obligations authorized by
the Administrative Resolution, the principal of and interest on
which when due will provide for such payment, are irrevocably
held in trust, including (without limitation) any accrued
interest and capitalized interest held by the Trustee for such
purpose. For the purpose of calculating the Debt Service
Requirements:

(i) with respect to any Variable Rate Indebtedness:

154

Ord. No. 495

Year or Bond Year described in clause (ii) (D) below, such
Indebtedness shall be deemed to bear interest at the fixed rate
that it would have borne had it been issued at a fixed rate for
the term thereof, as evidenced by a certificate of an authorized
officer of the City designated pursuant to the Administrative
Resolution (the "Authorized Officer") and a certificate of an
investment banking firm or financial advisor knowledgeable in
financial matters relating to the City who may be, without
limitation, the financial advisor to the City, confirming such
interest rate assumption as reasonable; and

(B) for all other purposes of this Ordinance, such
Variable Rate Indebtedness shall be deemed to bear interest at an
annual rate equal to (1) in the case of any period during which
such Indebtedness shall have been outstanding, 110% of the
weighted average interest rate per annum borne by such
Indebtedness during such period and (2) in any other case, the
Revenue Bond Index of 30 year revenue bonds published in the Bond
Buyer on the most recent date prior to the date of calculation
(or, if such index is no longer published, such other index of
revenue bonds as shall be set forth in a certificate of an
Authorized Officer of the City) ; and

(ii) with respect to any Balloon Indebtedness: C-^ C

(A) unless such Indebtedness meets the requirements of *— ^ ^

clause (ii) (B) , (ii) (C) , (ii) (D) or (v) below, the principal ^^ ^

amount of such Indebtedness shall be deemed to be payable during •—J i

the Fiscal Year or Bond Year in which such principal amount ^v- -

becomes due, except as provided in clause (ii) (E) below; ry^^ '

(C) if (I) pursuant to the Administrative Resolution or
any other resolution of the City, an irrevocable sinking fund
shall have been established to provide for the payment of such

155

the amount that would be payable during such Fiscal Year or Bond UJ—

Year (as the case may be) pursuant to the Credit Facility C^

Agreement under which such Liquidity Facility was issued
(including any term loan provisions thereunder) if such Liquidity
Facility were used or drawn upon to purchase or retire such
Indebtedness on the stated maturity date thereof or on any date
established for the mandatory redemption thereof, less the

aggregate amount required to be on deposit in any irrevocable ^^ ^^

sinking fund established to provide for the payment of such Qu ^

Indebtedness in accordance with clause (ii) (C) below during such LjJ ^

Fiscal Year or Bond Year (as the case may be) , except as provided *>-^ O

in clause (ii) (E) below; ^a-

Ord. No. 495

Indebtedness when due, (2) deposits to such sinking fund are
current and timely and (3) verification of such timely deposits
is contained in the most recent audited financial statements of
the City or a letter to the City from an independent certified
public accountant, then the principal amount of such Indebtedness
payable in each Fiscal Year or Bond Year (as the case may be)
shall be deemed to be the amount required to be deposited in such
sinking fund for such Fiscal Year or Bond Year (as the case may
be) , except as provided in clause (ii) (E) below;

(D) except as provided in clause (ii)(C) above and
clauses (ii)(E) or (v) below, in the case of any Balloon
Indebtedness in an aggregate principal amount that, together with
the aggregate principal amount of Outstanding Optional Tender
Indebtedness described in clause (iii)(C) below, does not exceed
20% of the Pledged Revenues for the most recent Fiscal Year for
which audited financial statements of the City are available, at
the election of the City, the principal amount of such
Indebtedness payable in each Fiscal Year or Bond Year (as the
case may be) may be deemed to be the amount that would be payable
during such Fiscal Year or Bond Year (as the case may be) if such
Indebtedness were required to be amortized in full from the date
of its issuance or, in the case of any such Indebtedness issued
to finance or refinance any Financed Facilities, at the option of
the City, a date on or before the completion of such Financed
Facilities, in substantially equal annual installments of
principal (such principal to be rounded to the nearest $5,000)
and interest over a term equal to the shorter of (1) 30 years and
(2) 120% of the weighted average economic life of the Financed
Facilities, as evidenced by a certificate of an independent
certified public accountant; provided, however, that if any
principal amount of such Indebtedness is stated to mature or is
unconditionally subject to mandatory redemption within the 12-
month period immediately succeeding the date of calculation, then
such principal amount shall be deemed to be payable on the stated
maturity date thereof or on the date established for the
mandatory redemption thereof; and

(E) for purposes of calculating the Debt Service
Reserve Fund Requirement for any Revenue Obligations or other
Indebtedness, the principal amount of such Indebtedness payable
in each Fiscal Year or Bond Year shall be determined in
accordance with clause (ii) (D) above without regard to the
aggregate principal amount of such Indebtedness outstanding from
time to time;

(iii) with respect to any Optional Tender Indebtedness:

(A) unless such Indebtedness meets the requirements of
clause (iii) (B) , (iii) (C) or (v) below, the principal amount of
such Indebtedness payable in each Fiscal Year or Bond Year as of

156

Ord. No. 495

any date of calculation shall be deemed to be the principal
amount of such Indebtedness that could be payable by the City
during such Fiscal Year or Bond Year (as the case may be) in
connection with any demand for the purchase or redemption of such
Indebtedness by any holder thereof or any termination of any
Credit Facility securing such Indebtedness, except as provided in
clause (iii) (D) below;

(B) if a Liquidity Facility is then in effect with
respect to such Indebtedness, at the election of the City, the
principal amount of such Indebtedness payable in each Fiscal Year
or Bond Year as of any date of calculation may be deemed to be
the amount that would be payable during such Fiscal Year or Bond
Year (as the case may be) pursuant to the Credit Facility
Agreement under which such Liquidity Facility was issued
(including any term loan provisions thereunder) if such Liquidity
Facility were used or drawn upon to purchase or retire such
Indebtedness on the earliest date on which such Indebtedness may
be required to be purchased or redeemed at the option of the
holder thereof or in connection with any expiration of any Credit

Facility securing such Indebtedness, except as provided in clause y

(iii) (D) below;

(C) except as provided in clause (iii) (D) below, in the f^ ^
case of any Optional Tender Indebtedness in an aggregate ^0 ^
principal amount that, together with the aggregate principal
amount of Outstanding Balloon Indebtedness described in clause
(ii) (D) above, does not exceed 20% of the Pledged Revenues of

the City for the most recent Fiscal Year for which audited ^— "

financial statements of the City are available, the principal Q»^ •—

amount of such Indebtedness payable in each Fiscal Year or Bond ,^"

Year (as the case may be) may be determined in accordance with Tz *^

clause (ii) (D) above as if such Optional Tender Indebtedness ^j* -,

were Balloon Indebtedness; and ^.

(D) for purposes of calculating the Debt Service tJ— Q^
Reserve Fund Requirement for any Revenue Obligations or other CD
Indebtedness, the principal amount of such Indebtedness payable
in each Fiscal Year or Bond Year (as the case may be) shall be
determined in accordance with clause (iii) (C) above without
regard to the aggregate principal amount of such Indebtedness
outstanding from time to time;

(iv) with respect to any Credit Facility Agreement, except
as provided in clauses (ii) (B) and (iii) (B) above, so long as no
demand for payment under the Credit Facility issued under such
Credit Facility Agreement shall have been made, the debt service
requirements of such Credit Facility Agreement shall be excluded
from such calculation, and

157

—3 c.

Ord. No. 495

(V) with respect to any (a) Revenue Note the initial stated
maturity of which is equal to or less than 36 months from the
date of issuance (and one or more series of Revenue Notes issued
in order to refund any such Revenue Notes) or (b) Indebtedness
other than Revenue Obligations, the principal amount of such
Indebtedness payable in each Fiscal Year or Bond Year as of any
date of calculation shall be deemed to be the amount that would
have been payable during such Fiscal Year or Bond Year (as the
case may be) if such Indebtedness were required to be amortized
in full from the date of its issuance or, in the case of any such
Indebtedness issued to finance or refinance any Financed
Facilities, at the option of the City a date on or before the
completion of such Financed Facilities, in substantially equal
annual installments of principal (such principal to be rounded to
the nearest $5,000) and interest over a term equal to the shorter
of (1) 30 years and (2) 120% of the weighted average economic
life of the Financed Facilities, as evidenced by a certificate of
an independent certified public accountant.

"Extraordinary Capital Requirement" means, for any Fiscal
Year, the amount of appropriation authority in the Water Utility
capital budget portion of the Ordinance of Estimates for such
Fiscal Year necessary for non-recurring, unanticipated, major
capital expenditures related to the maintenance or repair of the
Water Facilities during such Fiscal Year and not otherwise
provided for in the Water Utility operating or capital budget
portion of the Ordinance of Estimates, but in any event, not less
than two and one half percent (2 1/2%) of the estimated Operating
Revenues of the Utility for such Fiscal Year as set forth in the
budget for such Fiscal Year.

"Fiscal Year" means the 12-month period commencing on July 1
of any calendar year and ending on June 30 of the succeeding
calendar year, or any other fiscal year established by the City
from time to time.

"Indebtedness" means any indebtedness or liability for
borrowed money, any installment sale obligation or any obligation
under any Lease that is capitalized under generally accepted
accounting principles, in each case which the City may by law or
contract be obligated to pay from the Water Operating Fund with
respect to the Water Utility.

"Lease" means any financing lease, sale leaseback or similar
transaction.

158

Ord. No. 495

categories and (ii) as of any particular date of determination,
not more than 10% of any amount realized under such Liquidity
Facility for the payment of the principal or the purchase or
redemption price of such Indebtedness (exclusive of amounts
realized for the payment of accrued interest on such
Indebtedness) shall be required to be repaid by the City within
the succeeding 12-month period.

"Maximum Annual Debt Service" means, when used with
reference to any Revenue Obligations for any Bond Year or Fiscal
Year, as of any particular date of computation, the greatest
amount required in the then current or any future Bond Year or
Fiscal Year, respectively, to pay the Debt Service Requirements
of such Revenue Obligations.

"Operating Requirements of the Utility" means, for any
period, the amount of money necessary to meet (i) all operating
expenses of the Water Utility, exclusive of depreciation; (ii)
the Debt Service Requirements with respect to Indebtedness; (iii)
all amounts necessary to maintain the Operating Reserve; (iv) all
amounts payable to any reserve funds established herein for the
payment of the Revenue Obligations or other indebtedness; (v) all
amounts necessary to maintain the Ordinary Capital Requirement;
(vi) all amounts necessary to maintain the Extraordinary Capital
Requirement for such period; (vii) all amounts necessary to fund
appropriations for specific capital projects to the extent that
such projects are expected to be paid from Operating Revenues of
the Utility; (viii) all amounts necessary to compensate the Water
Utility for any operating deficit from the previous Fiscal Year
or Years; (ix) all payments of principal, premium, if any, and
interest on the City's general obligation bonds issued to provide
the Water Facilities; and (x) all other amounts which the City
may by law or contract be obligated to pay from the Water
Operating Fund with respect to the Water Utility.

"Operating Reserve" means all amounts determined by the City
to be adequate operating reserves for the Water Utility but in
any event no less than four percent of the operating expenses of
the Water Utility shown on the budget of the Water Utility for
the period of calculation, exclusive of depreciation.

"Operating Revenues of the Utility" means all income,
revenue, receipts and other moneys deposited in the Water
Operating Fund of the Water Utility, including, without
limitation, all amounts derived by the City from the ownership
and operation of the Water Utility and all accounts, general
intangibles and contract or other rights to receive the same, and
the proceeds thereof, but exclusive of Capital Receipts of the
Utility.

I ■ I U/

159

Ord. No. 495

"Optional Tender Indebtedness" means any Indebtedness that
is subject to optional or mandatory tender by the holder thereof
(including, without limitation, any mandatory tender in
connection with the expiration of any Credit Facility securing
such Indebtedness) for purchase or redemption prior to the stated
maturity date thereof if the purchase or redemption price of such
Indebtedness is under any circumstances payable from the Water
Operating Fund with respect to the Water Utility.

"Ordinary Capital Requirement" means, for any period, the
amount of appropriation authority included in the Water Utility
capital budget portion of the Ordinance of Estimates as deemed
necessary for the payment of normal recurring capital costs
related to the renewing, improving, rebuilding or extending of
the Water Facilities during such period and expected to be
provided from current Operating Revenues of the Utility;
provided, however, that if as of June 30 of any Fiscal Year there
shall be an amount credited to any capital reserve account within
the Water Utility which shall not have been allocated for payment
of the cost of a specific capital project of the Water Utility,
then as of such date the Ordinary Capital Requirement shall be
reduced for such Fiscal Year by such amount.

"Rates and Charges" means the rates and charges assessed or
established by the Board of Estimates in accordance with Article
29, Sections 21 and 21A of the City Code, as amended from time to
time, for the supply and use of water for any purpose and at any
point in or outside Baltimore City, either by meter, fixed charge
or otherwise.

"Rate Requirements" means those requirements for the
establishment of Rates and Charges as set forth in Section 8 of
this Ordinance.

"Trustee" means the bank, trust company or national banking
association appointed pursuant to the Administrative Resolution
as trustee for any Revenue Obligations.

"Variable Rate Indebtedness" means Indebtedness the interest
rate on which is not established at a fixed rate or rates for the
remaining term thereof, including notes in the nature of
commercial paper.

"Wastewater Utility" means the wastewater utility conducted
as a separate enterprise pursuant to Article VI, Section 11 of
the City Charter.

"Water Facilities" means all water facilities of the City,
including the Financed Facilities.

160

Ord. No. 495

"Water Capital Fund" means the fund of the City to which
Capital Receipts of the Water Utility are credited.

"Water Operating Fund" means the fund of the City to which
Operating Revenues of the Water Utility are credited.

"Water Utility" means the water utility conducted as a
separate enterprise pursuant to Article VI, Section 11 of the
City Charter.

SEC. 2. AND BE IT FURTHER ORDAINED, That:

A. The issuance, sale and delivery of an aggregate
principal amount of Revenue Obligations not exceeding seventy-
five million dollars ($75,000,000) is hereby authorized for the
general public purposes of financing or refinancing the cost of
the Financed Facilities and repaying the City for amounts
expended on Financed Facilities in anticipation of the issuance
of the Revenue Obligations. This maximum amount may consist of
(i) Revenue Notes, (ii) Revenue Bonds, (iii) Refunding Revenue
Notes, (iv) Refunding Revenue Bonds, and (v) any combination of
items (i) to (iv), inclusive, above. Any Refunding Obligations
issued hereunder to refund any Revenue Obligations previously
issued hereunder shall replace that portion of the authorized
amount of Revenue Obligations previously issued and shall not be
deemed to reduce the maximum authorized amount of Revenue

Obligations permitted to be issued hereunder. In addition, (i) ""

the payment of the principal of any Revenue Obligations •►

previously issued, whether at maturity, upon redemption or *

otherwise, (ii) the purchase and cancellation of any Revenue j

Obligations or (iii) the provision for the payment of the ^

principal of any Revenue Obligations in a manner which makes such ^^

Revenue Obligation no longer outstanding in accordance with the ^

terms of the Administrative Resolution shall restore the
principal amount of Revenue Obligations authorized to be issued
hereunder by an amount equal to the principal amount of Revenue ^

Obligations so paid, purchased and cancelled or otherwise (

provided for. The amount of any Credit Facility and any Revenue
Obligation issued to evidence the indebtedness for borrowed money t_

or the liability for such Credit Facility, shall not be deemed to
reduce the maximum authorized amount of Revenue Obligations
permitted to be issued hereunder. In connection with the
issuance of capital appreciation Revenue Obligations, compound
interest Revenue Obligations or similar types of Revenue
Obligations, the principal amount of such Revenue Obligations LjJ

issued pursuant to this Ordinance, for purposes of determining ^>

the remaining authorized amount of Revenue Obligations permitted ^^

to be issued hereunder, shall be the principal amount of such '^L

Revenue Obligations outstanding on the date of issuance thereof. ,— ^

161

Ord. No. 495

B. The proceeds of the Revenue Notes or Revenue Bonds, as
the case may be, shall be used for the purposes described in
Section 3 of this Ordinance. The proceeds of any Refunding
Obligations shall be used for the purposes described in Section 3
of this Ordinance. The Revenue Notes, the Revenue Bonds or the
Refunding Obligations, as the case may be, may be issued in one
or more series, and each such series shall be identified by a
year and a letter designation, so that the first series in the
year 1990 (if the issuance of more than one series of notes or
bonds hereunder is then contemplated and if issued in the year
1990) shall be designated "Revenue Notes (Water Projects) , Series
1990-A", "Revenue Bonds (Water Projects), Series 1990-A";
"Refunding Revenue Notes (Water Projects), Series 1990-A"; or
"Refunding Revenue Bonds (Water Projects), Series 1990-A", unless
another designation is determined in the Administrative
Resolution. The aggregate principal amount of Revenue
Obligations to be issued pursuant to this Ordinance at any one
time shall be determined by the Board of Finance in the
Administrative Resolution.

SEC. 3. AND BE IT FURTHER ORDAINED, That:

A. The net proceeds from the sale of the Revenue Notes or
Revenue Bonds, as the case may be, authorized to be issued and
sold by this Ordinance, shall be used and applied for the public
purposes of (i) refinancing the City's outstanding revenue bonds
and revenue notes which were issued to finance or refinance
capital improvements for water facilities of the City; (ii)
financing, in part, the cost of the Financed Facilities (either
directly or by repayment to the City, as provided in this
Ordinance); (iii) funding capitalized interest on any Series of
Revenue Notes or Revenue Bonds to the extent deemed necessary (as
provided by the Board of Finance) and in accordance with any
limitation on the period for such funding established by law;
(iv) paying the Costs of Issuance of any Series of Revenue Notes
or Revenue Bonds; and (v) funding any reserve funds, including,
without limitation, reserves for the Revenue Notes or Revenue
Bonds and operating reserves (to the extent provided by the Board
of Finance) , created pursuant to this Ordinance and the
Administrative Resolution.

162

Ord. No. 495

Refunding Obligations; and (iv) funding any reserve funds for the
Refunding Obligations, including, without limitation, reserves
for the payment of the Refunding Obligations and any Operating
Reserves (to the extent provided by the Board of Finance) ,
created pursuant to this Ordinance and the Administrative
Resolution.

SEC. 4. AND BE IT FURTHER ORDAINED, That:

A. The City finds and determines that: (a) the Board of
Finance, being primarily responsible for the issuance and sale of
the City's certificates of indebtedness, has the expertise and
experience necessary to be primarily responsible for the
determination of matters set forth herein to be within its
"jurisdiction. The market for Revenue Obligations of the City may

change from time to time from those conditions at the time of
issuance of the Revenue Notes or the Revenue Bonds and it is in
the best interest of the City to grant broad authority and
flexibility to the Board of Finance in connection with the
issuance of any Revenue Obligations.

(b) The existence of a growing market for tax-exempt
obligations (i) structured in the form of short term commercial 1

paper, (ii) structured as bond anticipation notes or refunding f*") ^

notes, (iii) tied to an interest rate or rates that vary with a •^^

defined or stated indicator or index or combinations thereof, _Z '-

(iv) utilizing zero coupon bonds or compound interest bonds, (v) •*

issued in connection with a sale lease-back transaction or a
financing lease, (vi) utilizing letters of credit or lines of

credit and (vii) otherwise structured in a form then responsive j

to the market, necessitates the establishment of procedures which
permit the City to utilize such a market for its obligations in

addition to the traditional tax-exempt markets. (The structures '^>

contemplated in this paragraph are referred to herein as the
"Market Structures".)

B. Prior to the delivery of any Series of Revenue CD
Obligations, the Board of Finance shall adopt the Administrative

Resolution, which shall prescribe, subject to the Enabling Laws,

(i) the principal amount of Revenue Obligations to be issued as a

series at any one time, (ii) the date of issue of the series of

Revenue Obligations, (iii) the interest rate or rates to be borne

by the series of Revenue Obligations, or the method by which such

interest rate or rates shall be computed, including the Q.- ^

establishment of limitations on the interest rate or rates,

beyond which further approvals of the Board of Finance are

required, (iv) the time periods and method of payment of interest

on the series of Revenue Obligations, (v) the redemption Z!I h'

provisions, if any, for the series of Revenue Obligations, (vi) ** '^

the maturity or maturities of the Series of Revenue Obligations,

(vii) the denomination or denominations of any Revenue

163

5^^

Ord. No. 495

Obligations, (viii) the form, use of registration and mechanics
for payment of the Revenue Obligations, and (ix) any other terms
necessary or appropriate to reflect any matters provided in the
Administrative Resolution.

C. The City hereby determines that under facts and
circumstances now existing, it is in the best interest of the
City to provide for the sale of the Revenue Obligations by
private negotiation, unless the Board of Finance shall determine
that a particular issue or series of Revenue Obligations shall be
sold by competitive bidding. The Board of Finance is hereby
authorized to determine whether a particular issue or series of
Revenue Obligations shall be sold by competitive bidding and any
such determination shall be set forth in the Administrative
Resolution for any such issue or series of Revenue Obligations.

D. The Board of Finance is hereby authorized to adopt a
master resolution under which procedures are established to
facilitate the prompt determination and approval of one or more
of the matters set forth above. Such procedures may include
telephonic approval and subsequent telegraphic or written
confirmation of one or more of such matters by a designated
officer of the City if prescribed guidelines or parameters set
forth in the master resolution or any amendment thereto are not
exceeded.

E. The Board of Finance is further authorized to establish a
procedure whereby a variable or floating rate or rates can be
utilized for any Series of Revenue Obligations, and to establish
any necessary relations with a commercial bank or other
appropriate institution to facilitate the payment of Revenue
Obligations, including (without limitation) the use of general or
standby letters of credit, lines of credit, bond insurance,
demand features, loan agreements, credit facilities, liquidity
facilities, backup loan arrangements or notes or similar
arrangements.

F. The Board of Finance is further -authorized to take such
further or additional actions as are needed to permit the
utilization of any of the Market Structures in connection with
the issuance of any series of Revenue Obligations, including
(without limitation) , by Administrative Resolution, to approve
all terms and provisions of any Credit Facilities and Credit
Facility Agreements in connection with the issuance of Revenue
Obligations and to provide, among other things, the terms for
repayment of any amounts drawn under any such Credit Facility and
that any provider of any such Credit Facility shall be subrogated
to the rights of the holders of such Revenue Obligations in
connection with any amounts advanced under any such Credit
Facility or that the provider of any such Credit Facility shall
otherwise have a claim to the Pledged Amounts equal to the claim

164

Ord. No. 495

of the holders of such Revenue Obligations, and any such
Administrative Resolution may provide for the issuance of Revenue
Obligations in order to evidence any such claim.

G. The Administrative Resolution shall be deemed to be of an
administrative nature and shall take effect on and from the date
of its passage.

SEC. 5. AND BE IT FURTHER ORDAINED, That:

unexpended proceeds of the Revenue Obligations, including -

investment earnings on such proceeds (to the extent provided by | ^ i

the Board of Finance), and (iv) other amounts legally available ^^» ,

therefor (collectively, the "Pledged Amounts") and (b) shall not "

ever constitute within the meaning of any constitutional or
charter provision or otherwise (i) an indebtedness of. the City or
any other political subdivision of the State of Maryland or (ii) '

a charge against the general credit or taxing powers of the City. [

The issuance of the Revenue Obligations shall not constitute

(directly, indirectly or contingently) an obligation, moral or ^

otherwise, of the State of Maryland or of any political ^^

subdivision thereof, including the City, to levy or pledge any
form of taxation whatever for their payment.

B. The Pledged Amounts are hereby pledged by the City to C5
secure the repayment of the principal of, premium on, if any, and
interest on, and the purchase price of, the Revenue Obligations
and, to the extent provided in the Administrative Resolution,
amounts owing to the provider of any Credit Facility securing
such Revenue Obligations; provided, however, that the pledge of

the Pledged Amounts made hereby to the payment of the principal ^ ^^

of, premium on, if any, and the purchase price of, any Revenue Q— ^

Notes and Refunding Revenue Notes, and to the reimbursement of LjJ t^

the provider of any Credit Facility securing the payment of such ^•>

amounts, shall, to the extent and in the manner provided in the "^'T.

Administrative Resolution, be junior and subordinate to the ^^ ^

pledge of the Pledged Amounts to the payment of the principal of, w^ ^

premium on, if any, and interest on, and the purchase price of, *-^

Revenue Bonds and Refunding Revenue Bonds and the interest on

165

fr,

o5-

Ord. No. 495

Revenue Notes and Refunding Revenue Notes, and the reimbursement
of the provider of any Credit Facility securing the payment of
such amounts. The authorization provided by this Ordinance to
issue Revenue Obligations shall include the authorization to
issue or assume any Indebtedness or to enter into any Leases, fo
any valid public purpose related to the Water Utility, which
Indebtedness or Leases, and any Credit Facilities or Credit
Facility Agreements entered into in connection therewith, if so
determined by the Board of Finance in the Administrative
Resolution, may be secured by a pledge of the Pledged Amounts,
provided that such pledge shall, to the extent and in the manner
provided in the Administrative Resolution, be junior and
subordinate to the pledge of the Pledged Amounts to secure the
payment of the principal of, premium on, if any, and interest on,
and the purchase price of, Revenue Bonds and Refunding Revenue
Bonds and interest on Revenue Notes and Refunding Revenue Notes
and the reimbursement of the provider of any Credit Facility
securing the payment of such amounts. Any such Indebtedness or
Leases may, subject to any further requirements of the Board of
Finance in the Administrative Resolution, the City Charter or
other applicable law, be approved, secured, sold, executed and
delivered, and the proceeds thereof may be disbursed, in the
manner provided in this Ordinance for Revenue Obligations, and
the authorization under this Ordinance for the Board of Finance
to issue Revenue Obligations for the purposes and in the manner
set forth herein shall apply with the same force and effect to
the issuance, assumption or entering into of any such
Indebtedness or Leases. Any covenants made in this Ordinance for
the benefit of the holders, of Revenue Obligations shall also be
deemed to be made for the benefit of the holders of any such
Indebtedness or Leases from time to time and shall be enforceable
by such holders, subject to any limitations set forth in the
Administrative Resolution. The principal amount of such
Indebtedness or Leases, and any Credit Facilities issued in
connection therewith, shall be counted towards the maximum amount
of Revenue Obligations authorized to be issued under this
Ordinance to the extent and in the manner provided in Section 2
of this Ordinance with respect to Revenue Obligations.

C. The City represents and warrants that the Pledged Amounts
are and will be free and clear of any pledge, lien, charge or
encumbrance thereon or with respect thereto prior to, or of equal
rank with, the pledge created by this Ordinance except to the
extent expressly permitted by the Administrative Resolution. The
City covenants and agrees that it shall at all times, to the
extent permitted by law, defend, preserve and protect the pledge
of the Pledged Amounts, and all the rights of the holders of the
Revenue Obligations under this Ordinance and the Administrative
Resolution against all claims and demands of all persons
whomsoever.

166

I Ord. No. 495

SEC. 6. AND BE IT FURTHER ORDAINED, That, the Board of
Finance may establish from the proceeds of the Revenue
Obligations or other funds of the Water Utility or any other
amounts whatsoever, one or more reserve funds for the Revenue
Obligations, including (without limitation) debt service reserve
funds, which fund or funds may be pledged to the payment of
principal of, premium on, if any, and interest on, and the
purchase price of one or more series of such Revenue Obligations
in the event that the Pledged Amounts for any year are
insufficient to pay the principal of, premium on, if any, and
interest on, and the purchase price of, such Revenue Obligations
for such year. This section shall not be deemed to preclude the
establishment of other reserve funds, the amounts in which are
not Pledged Amounts, in connection with the Revenue Obligations
or any subordinate obligations of the Water Utility, including
(without limitation) a renewal and replacement fund.

SEC. 7. AND BE IT FURTHER ORDAINED, That, the City hereby
covenants that it will pay the principal of, the premium on, if
any, and the interest on any Revenue Notes or Refunding Revenue
Notes in the nature of bond anticipation notes from the first
proceeds of any Refunding Revenue Bonds issued hereunder when,

and as soon as, the reason for deferring their issuance no longer t

exists; but in any event, in sufficient time to permit the ^'^ r

payment of the Revenue Obligations at maturity or extended
maturity.

SEC. 8. AND BE IT FURTHER ORDAINED, That, the City
covenants that:

A. It will take or cause to be taken all actions necessary
to ensure that Rates and Charges are assessed, established and
collected so that, for each Fiscal Year, (i) the aggregate amount
of collections from such Rates and Charges, together with any
other moneys then legally available therefor, will be at all *

times at least equal to 100% of the Operating Requirements of the Li— (.

Utility and (ii) the amount of Pledged Revenues collected from C^

such Rates and Charges will be at all times at least equal to ^

12 0% of the Maximum Annual Debt Service on outstanding Revenue
Obligations. The foregoing requirements are collectively
referred to as the "Rate Requirements." The phrase "other moneys
then legally available therefor" in the Rate Requirements shall

include (without limitation) (i) any amounts borrowed by the City ^ ,

or loaned to the Water Utility in connection with a Revenue U^ p^

Anticipation Borrowing as described in Section 8D. below and (ii) LjJ ^

anticipated investment earnings on the funds held by the trustee — -^ ^

for the Revenue Obligations (the "Trustee") (to the extent " ^—

provided by the Board of Finance) and (iii) the amount of any 2^ H'

operating cash balance in the Water Utility in cxcgsg of the ^^^ ^

Operating RGSorvc, and shall exclude (without limitation) (a) any ^— '

amounts borrowed by the City or loaned to the Water Utility in

167

Ord. No. 495

connection with any additional borrowing other than a Revenue
Anticipation Borrowing, as described in Section 8E. below and (b)
any amounts received or to be received m the current Fiscal Year
by the Water Utility which amounts are payable by the City to
Baltimore County, Maryland.

B. Under current City procedures, the City Charter and
applicable law, the City covenants and agrees that it will cause
the following acts to occur in timely fashion; that it will, in
connection therewith, take any and all action necessary to that
end; and that it intends to create the following obligations
hereby :

(i) The Director of Finance and the Director of Public
Works, at the time of subnission of the annual operating budget
portion of the Ordinance of Estimates, shall recor.nend to the
Board of Estimates the assessment and the establishment of Rates
and Charges which at least meet the Rate Requirements.

(ii) The City Council and the members thereof shall
recommend to the Board of Estimates approval of Rates and Charges
which are projected to at least meet the Rate Requirements.

(iii) The Board of Estimates shall assess and establish and
the Director of Finance shall collect Rates and Charges which at
least meet the Rate Requirements.

(iv) Neither the Board of Estimates nor the Director of
Public Works shall provide for abatement and reduction of the
Rates and Charges which would cause the Rates and Charges as
assessed and established to equal less than the amounts necessary
to satisfy the Rate Requirements.

(V) Within 60 days of the filing of the Financial Report
with the City, if such report shows the Operating Revenues of the
Utility to be less than the amount required to satisfy the Rate
Requirements, the Director of Finance, the Director of Public
Works and the City Council and the members thereof shall
recommend, and the Board of Estimates shall assess and establish,
Rates and Charges which result in Operating Revenues of the
Utility at least equal to the amount necessary to satisfy the
Rate Requirements.

(vi) If at any time it is established to the satisfaction of
the TruotGG or the Director of Finance, m accordance with
procedures established in the Administrative Resolution, that
expected or actual Operating Revenues of the Utility will be or
are less than the amount necessary to satisfy the Rate
Requirements, the Director of Finance, the Director of Public
Works and the City Council and the members thereof shall
recommend and the Board of Estimates shall assess and establish,

16S

Ord. No. 495

Rates and Charges which result in Operating Revenues of the
Utility at least equal to the amount necessary to satisfy the
Rate Requirements.

(vii) If in any Fiscal Year it appears that the Operating
Revenues of the Utility will be in excess of those budgeted for
the Water Utility and if the Board of Estimates determines to
decrease the Rates and Charges for any Fiscal Year or portion
thereof as authorized by Article 29, Section 21A.(a) of the City
Code, or any successor provision, any such decrease shall be such
that the resulting collections from the reduced Rates and Charges
will continue to satisfy the Rate Requirements throughout such
Fiscal Year or portion thereof.

(viii) Except as provided in this Ordinance or in the
Administrative Resolution, so long as any Revenue Obligations are
outstanding, the City shall not, in the normal course and without
taking corrective steps to remedy the reasons therefor, furnish
or supply any facilities, services or commodities afforded by it
in connection with the Water Utility free of charge, except for
water provided through hydrants in connection with the provision
of fire and other public safety services of the City, as
specified in the Administrative Resolution. The City will

promptly enforce in the manner and to the extent provided by law ^

the payment of any and all delinquent accounts except when the "-^

City determines that such enforcement is no longer practicable or ^

economically justified. "^

•-

C. The Board of Finance is hereby authorized to establish in *

the Administrative Resolution any procedure deemed necessary or [

desirable to permit the City to respond to any change in the

method of establishment of Rates and Charges, so long as such ^

procedure is consistent with the security of the holders of the ^

Revenue Obligations, this Ordinance, the City Charter, the City
Code and other applicable law.

D. The City recognizes that in order to comply with the Rate
Requirements without unnecessarily increasing Rates and Charges,
it may be necessary to borrow certain amounts in anticipation of
receipt of Accounts Receivable. Accordingly, the City is hereby
authorized to borrow on a short term basis, pursuant to
applicable law, in an amount not to exceed an amount equal to the
amount of Accounts Receivable as of the last day of the
immediately preceding month, multiplied by the average Accounts
Receivable collection rate of the City for the three (3) most LjJ

recent Fiscal Years (the "Revenue Anticipation Borrowing"). The ^>

City is hereby authorized to accomplish such borrowing or »-•*•

borrowings from time to time by any one or more of the following: ^^

(i) issuing Revenue Obligations or other Indebtedness; (ii)
borrowing the amount from the City; or (iii) borrowing the amount
pursuant to any other method of short term borrowing then

169

•:=>

Ord. No. 495

authorized by applicable law. If the Revenue Anticipation
Borrowing is accomplished through the issuance of Revenue
Obligations, the Revenue Anticipation Borrowing will be secured
as other Revenue Obligations and any reference in this Ordinance
to the security for the Revenue Obligations shall be deemed to
include the Revenue Anticipation Borrowing. The amount
authorized to be borrowed by the City from time to time pursuant
to this subsection shall be in addition to the amount of Revenue
Obligations authorized in Section 2 hereof. The terms and
conditions of any Revenue Anticipation Borrowing shall be as
determined in the Administrative Resolution or any other
resolution adopted by the Board of Finance in connection with
such borrowing, including (without limitation) the provision for
private (negotiated) sale or placement of any City Revenue
Obligations, which private sale or placement is hereby found and
determined to be in the best interest of the City unless
otherwise determined by the Board of Finance in the
Administrative Resolution or any other resolution adopted by the
Board of Finance in connection with such borrowing.

E. Nothing in this Ordinance shall preclude the City from
borrowing money pursuant to applicable law in order to make a
loan to the Water Utility to meet any temporary cash operating
deficit other than as provided in Section 8D. above; provided,
however, that the proceeds of such borrowing or loan shall not
constitute amounts available for satisfaction of the Rate
Requirements, as provided in Section 8A. above.

SEC. 9. AND BE IT FURTHER ORDAINED, That, the City hereby
covenants that:

A. It will take or cause to be taken all actions necessary
so that amounts at least equal to the Rate Requirements for each
Fiscal Year (i) are included in the Ordinance of Estimates for
each Fiscal Year and (ii) are collected when due (or as soon
thereafter as possible in accordance with law) or are otherwise
made available in a timely manner.

B. Under current City procedures, the City Charter and
applicable law in effect at the time of adoption of the
Administrative Resolution, this covenant shall be deemed to
obligate (i) the Director of Public Works to recommend to the
Director of Finance that amounts at least equal to the Rate
Requirements for each Fiscal Year shall be included in the
operating budget portion of the proposed Ordinance of Estimates
for each Fiscal Year; (ii) the Director of Finance to recommend
inclusion of amounts at least equal to the Rate Requirements for
each Fiscal Year in the operating budget portion of the proposed
Ordinance of Estimates for each Fiscal Year; (iii) the Board of
Estimates to include amounts at least equal to the Rate
Requirements for each Fiscal Year in the proposed operating

170

Ord. No. 495

budget portion of the Ordinance of Estimates for each Fiscal
Year; and (iv) the City Council not to reduce or eliminate
amounts satisfying the Rate Requirements from the operating
budget portion of the Ordinance of Estimates for each Fiscal
Year.

C. Under current City procedures, the City Charter and
applicable law, the Director of Public Works shall be obligated
to determine, prior to his submission of the capital budget for
the Water Utility in any Fiscal Year, (i) the amount of the
Ordinary Capital Requirement for the next ensuing Fiscal Year,
and (ii) the amount necessary to maintain the Extraordinary
Capital Requirement for the next ensuing Fiscal Year.

D. The City shall not reduce any appropriation included in
the Water Utility operating budget portion of the Ordinance of
Estimates for any Fiscal Year unless requested to do so by the
Director of Finance.

SEC. 10. AND BE IT FURTHER ORDAINED, That, the City
covenants that if additional appropriations for expenditures for
the Water Utility are approved to be made from Operating Revenues

of the Utility received or expected to be received in any Fiscal ^

Year by the Water Utility in excess of those relied upon by the

Board of Estimates in determining the Ordinance of Estimates for ^Tli (

such Fiscal Year, the City will take or cause to be taken in ^ •

timely fashion all actions necessary to comply with the Rate ^

Requirements. "^

SEC. 11. AND BE IT FURTHER ORDAINED, That, the City *

covenants that if, upon the application of the Director of Public
Works, the amount for a particular program, purpose, activity or
project budgeted for the Water Utility in the Ordinance of ^^

Estimates for any Fiscal Year is increased or the amount for a ^^

new program, purpose, activity or project for the Water Utility
is introduced by transferring amounts already appropriated to the
Water Utility in the Ordinance of Estimates for any Fiscal Year, ^

the City will take or cause to be taken all actions necessary to C..

comply with the Rate Requirements.

SEC. 12. AND BE IT FURTHER ORDAINED, That:

A. The City covenants to take or cause to be taken all
actions necessary to assure that (i) upon the recommendation of ^ .

the Director of Finance and the Director of Public Works, CJ—

appropriations for any program, purpose, activity or project L-iJ

included in the Ordinance of Estimates for any Fiscal Year for ^>

the Water Utility will be carried over to Fiscal Years subsequent
to the one for which any appropriation was initially made for the
accomplishment of such program, purpose, activity or project and
(ii) any balance remaining to the credit of the Water Utility at
the end of any Fiscal Year shall remain to the credit of the

171

Ord. No. 495

Water Utility and an estimate of such balance shall be included
in the Water Utility's budget for the next ensuing Fiscal Year as
an estimated receipt to be utilized with respect to the Water
Utility, that is, an amount to be available for appropriation in
the Water Utility budget in the next ensuing Fiscal Year.

B. Under current City procedures, the City Charter and
applicable law, this covenant shall be deemed to obligate (i)
the Director of Public Works and the Director of Finance to
recommend that any program, purpose, activity or project included
in the Ordinance of Estimates for any Fiscal Year for the Water
Utility which is necessary for the proper functioning of the
Water Utility, be carried over to Fiscal Years subsequent to the
one for which any appropriation was initially made for the
accomplishment of such program, purpose, activity or project;
(ii) the Board of Estimates, upon the recommendation of the
Director of Public Works and the Director of Finance, to approve
the carrying over to Fiscal Years subsequent to the current
Fiscal Year any program, purpose, activity or project relating to
the Water Utility included in the Ordinance of Estimates for the
current Fiscal Year; and (iii) the Board of Estimates to assure
that any balance remaining to the credit of the Water Utility at
the end of any Fiscal Year shall remain to the credit of the
Water Utility and an estimate of such balance shall be included
in the Water Utility's budget for the next ensuing Fiscal Year.

SEC. 13. AND BE IT FURTHER ORDAINED, That, the City
covenants that it will not amend, seek to amend or have amended
any existing law, the City Charter or current City procedures in
any manner which would cause the covenants of the City contained
in this Ordinance to be abrogated or breached. The City
recognizes and acknowledges that its covenants with the holders
of any Revenue Obligations are binding upon the City
notwithstanding any change in applicable law, the City Charter or
current City procedures.

SEC. 14. AND BE IT FURTHER ORDAINED, That, the City
covenants that (i) the accounting system utilized for the Water
Utility will conform to generally accepted principles of utility
accounting and will be kept on the accrual basis and in the
manner prescribed in Article VII, Section 8 of the City Charter,
as amended from time to time; (ii) the report with respect to the
operation of the Water Utility which is required to be filed
after the close of each Fiscal Year in accordance with Article
29, Section 21A. (a) of the City Code (the "Financial Report")
will be submitted as a separate section of the statements
prescribed under Article VII, Section 8 of the City Charter, as
amended from time to time; (iii) the Financial Report will
contain at least all of the financial statements required under
Article 29, Section 21A. (a) of the City Code, as amended from
time to time, and will be filed within 180 days of the close of

172

Ord. No. 495

each Fiscal Year; and (iv) the Financial Report shall be audited
by an independent certified public accountant.

SEC. 15. AND BE IT FURTHER ORDAINED, That, the City hereby
covenants and agrees as follows:

A. Except as provided in this Ordinance and in the
Administrative Resolution, the City shall not issue any bonds,
notes or other evidences of indebtedness, other than the Revenue
Obligations, secured by a ratable or parity pledge of or other
lien on the Pledged Amounts, and shall not otherwise create or
cause to be created any ratable or parity lien or charge on the
Pledged Amounts.

therewith, if so determined by the Board of Finance, may be C

secured by a pledge of the Pledged Amounts, provided that such [^.

pledge shall be junior and subordinate to the pledge of the -

Pledged Amounts to secure the Revenue Obligations and any Credit ^_'i C

Facility securing the payment of the Revenue Obligations, to the *\

extent and in the manner provided in Section 5B. of this

Ordinance; *"

•"■^

(ii) Notwithstanding anything in this Ordinance or the *

Administrative Resolution to the contrary, the City may issue or j^

assume Indebtedness and enter into Leases secured solely by the ^

revenues, receipts or other moneys derived by the City from the ^

lease, license, operation, sale or other disposition of any
facility or equipment of the Water Utility constructed or
acquired by or on behalf of the City with the proceeds of such
Indebtedness or in connection with such Leases. Such revenues,

receipts and other moneys shall not be considered Operating C3

Revenues of the Utility or Rates and Charges hereunder, provided
that

(b) any such revenues, receipts and moneys in excess of
such debt service, amounts payable in connection with such
Leases, costs of acquisition, construction, leasing, operation,

173

(a) neither the debt service on such Indebtedness, the _

amounts payable in connection with such Leases, any cost of the ^ >k

acquisition, construction, leasing, operation, maintenance or j^^

repair of any such facility or equipment nor provision for tJ—

reserves for any of the foregoing shall be paid from the proceeds {^iJ

of Revenue Obligations or from Operating Revenues of the Utility ^>
or shall be included in operating expenses of the Water Utility,

Ord. No. 4 95

maintenance and repair and reserves shall be deposited to the
credit of the Water Utility (and upon such deposit shall be
deemed Operating Revenues of the Utility) , and

(c) prior to issuing or assuming such Indebtedness or
entering into such Leases, the City shall deliver to the Trustee
a certificate of a consulting engineer stating that the lease,
license, operation, sale or other disposition of such facility or
equipment and the application of the revenues, receipts and other
moneys derived therefrom to the leasing, operation, maintenance
and repair thereof and the payment of the debt service on such
Indebtedness issued therefor or the amounts payable in connection
with the Leases entered into therefor, and the provision of
reserves for the foregoing, will not result in any material
decrease in the Operating Revenues of the Utility or the Pledged
Revenues of the City, as provided in the Administrative
Resolution.

B. The Administrative Resolution shall provide the extent
to which all or any part of the Water Facilities may be sold,
mortgaged, leased or otherwise disposed of or encumbered so long
as such provisions are consistent with applicable law, this
Ordinance and the covenants contained herein.

C. In order to implement the obligations historically
exercised by the City with respect to the Water Utility and to
implement the City Charter provisions with respect to the Water
Utility, the City shall operate, or cause to be operated, the
Water Utility properly and in a sound, efficient and economical
manner and shall maintain, preserve, and keep the same or cause
the same to be maintained, preserved, and kept in good repair,
working order and condition, and shall from time to time make, or
cause to be made, all necessary and proper repairs, replacements
and renewals so that the operation of the Water Utility may be
properly and advantageously conducted, and, if any useful part of
the Water Utility is damaged or destroyed or taken through the
exercise of eminent domain, the City shall, as expeditiously as
practicable, commence and diligently prosecute the replacement or
reconstruction of such damaged or destroyed part so as to restore
the same to use and the replacement of such part so taken;
provided, however, that nothing in this Ordinance or the
Administrative Resolution shall require the City to operate,
maintain, preserve, repair, replace, renew or reconstruct any
part of the Water Utility if (i) abandonment of operation of such
part is economically justified and is not prejudicial to the
interests of the holders of the Revenue Obligations, and (ii)
failure to operate, maintain, preserve, repair, replace, renew or
reconstruct such part will not impair the ability of the City to
satisfy the Rate Requirements. The Administrative Resolution may
establish the terms and conditions of any such exception and may

174

Ord. No. 495

provide for further exceptions so long as consistent with this
Ordinance and the covenants of the City contained herein.

D. The City shall at all times (i) keep all Water
Facilities of an insurable nature and of the character usually
insured by operating utilities similar to the Water Utility
insured, insofar as practicable, against loss or damage by fire
and from other causes customarily insured against and (ii)
maintain insurance, insofar as practicable, against loss or
damage from such hazards and risks to the persons and property of
others as are usually insured against by those operating systems
similar to the Water Utility. The amounts and types of insurance
to be maintained and the terras and conditions with respect to the
insurance or any proceeds from any claim thereunder shall be as
provided in the Administrative Resolution. Nothing contained in
this Ordinance shall prohibit the use of self-insurance to
fulfill any covenant with respect to insurance so long as the
self-insurance is in accordance with any terms and conditions
with respect thereto contained in the Administrative Resolution.

SEC. 16. AND BE IT FURTHER ORDAINED, That, the City
covenants that no expenditures will be made from amounts credited ^.

to the Water Operating Fund of the Water Utility (or successor -

operating fund) except those expenditures relating to items for C-^ C

which appropriations have been made in the Water Utility ^

operating budget portion of the Ordinance of Estimates.

SEC. h=7- i?. AND BE IT FURTHER ORDAINED, That, all Revenue •-

Obligations shall be executed in the name of the Mayor and City ^

Council of Baltimore and on its behalf by the manual or facsimile ^

signature of the Mayor or acting Mayor of the City and of the ^

Director of Finance or acting Director of Finance of the City and ^

the corporate seal of the City shall be imprinted thereon, ^^^ r
attested by the manual or facsimile signature of the Custodian or

the alternate Custodian of the Seal of the City. However, the . *■

Board of Finance may, in the Administrative Resolution, when the ■^^ i

Board of Finance finds that the nature of a transaction requires Cj
such a procedure, establish a procedure whereby the Trustee, or a ,

responsible trust company or other duly authorized trustee,
issuing agent or paying agent, maintains an inventory of blank

Revenue Obligations previously imprinted and signed, available _

for delivery to purchasers of short-term Revenue Obligations ^ #^ ,.

under conditions which require prompt action and delivery. ir^ ^^

In the event any official whose signature shall appear on UiJ , -

any series of the Revenue Obligations shall cease to be such ^> ^-

official prior to the delivery of any series of Revenue ^^

Obligations, or, in the event any such official whose signature 2^ y

shall appear on any series of Revenue Obligations shall have
become such after the date of issue thereof, the Revenue
Obligations of such series shall nevertheless be valid and

175

P-[

:r)

Ord. No. 495

legally binding obligations of the City in accordance with their
terms .

SEC. 18. AND BE IT FURTHER ORDAINED, That, the proceeds
froin the sale of the Revenue Obligations shall be paid to the
Director of Finance for immediate deposit with the Trustee. The
Trustee shall invest and disburse such proceeds in accordance
with the Enabling Laws, this Ordinance and the Administrative
Resolution.

Upon presentation to the Trustee of the appropriate vouchers
therefor, as provided in the Administrative Resolution, the
Trustee shall pay, from the proceeds of each series of Revenue
Obligations in his hands, all Costs of Issuance. Nothing shall
prevent the payment by the City of any underwriting discount or
placement fee payable in connection with any series of Revenue
Obligations by the deduction by the underwriters or placement
agents of an amount equal to such discount or placement fee from
the offering price of such series of Revenue Obligations.

The Trustee shall credit to a special account on its books
the amount, if any, of the proceeds of each series of Revenue
Obligations designated as capitalized interest on such series of
Revenue Obligations.

Prior to expenditure of the proceeds of any series of
Revenue Obligations, the proceeds or any part thereof may be
invested by the Trustee, in accordance with the Administrative
Resolution and within any limitation and in the manner provided
by law. Upon presentation to the Trustee of appropriate requests
therefor, as provided in the Administrative Resolution, the
Trustee shall pay to the Director of Finance from the proceeds of
any series of Revenue Obligations, amounts for any of the
purposes specified in this Ordinance and in the Administrative
Resolution.

If the funds derived from the sale of the Revenue Notes or
Revenue Bonds shall exceed the amount needed (i) to refund any
outstanding obligations of the City determined to be refunded by
the Board of Finance in the Administrative Resolution and (ii) to
finance the Financed Facilities, the funds so borrowed and not
expended for the public improvements provided by this Ordinance
shall be applied, under the terms and conditions set forth in the
Administrative Resolution, to fund reserve fund deficiencies, if
any, to pay principal of or interest on Revenue Obligations or to
redeem or purchase Revenue Obligations.

SEC. 19. AND BE IT FURTHER ORDAINED, That, authority is
hereby conferred on the Board of Finance, to take the following
actions and to make the following commitments on behalf of the
City:

176

Ord. No. 495

A. to determine and set forth the form, terms, provisions
(including redemption provisions and sinking fund requirements,
if any), manner or method of issuing and selling (including
negotiated or competitive bid sale) and the time or times of
issuance and any and all other details of the Revenue
Obligations;

B. to prepare and distribute, in conjunction with the
prospective underwriters or placement agents, if any, for the
Revenue Obligations, preliminary and final official statements or
placement memoranda or circulars as the Board of Finance deems
necessary and appropriate in connection with the sale of the
Revenue Obligations; provided, however, that any such preliminary
official statements or placement memoranda or circulars shall be
clearly marked to indicate that they are subject to completion
and amendment;

C. to determine the dates, times and places when an
underwriting or placement agreement or purchase contract shall be
submitted by the underwriters or placement agents for the Revenue

Obligations or purchasers of the Revenue Obligations, such t/

underwriting or placement agreement or purchase contract to U

specify the interest rate or rates proposed to be paid on the ^.. ^

Revenue Obligations, the price at which such Revenue Obligations C--^ C^

are to be sold to such underwriters, placement agents or 2^ ^

purchasers, and such other matters as the underwriters, placement J^ r-
agents or purchasers and the Board of Finance may deem necessary
or desirable in order to effect the sale and delivery of the
Revenue Obligations;

D. to determine the interest rate or rates to be paid by
the City on the Revenue Obligations in accordance with the g^-
proposed underwriting or placement agreement or purchase contract ^
submitted by the underwriters or placement agents for the Revenue
Obligations or purchasers of the Revenue Obligations; .

E. to appoint, as the Board of Finance deems necessary and C.
appropriate, a bank having trust powers, or a trust company, as

Trustee for the Revenue Obligations; and ^i^

F. to approve the form of trust agreements between the City

b -

and the Trustee (which may be the Administrative Resolution) , f.^

which trust agreements may (i) pledge or assign all or any part ^^ -

of the security of the Revenue Obligations so long as consistent

with the covenants contained in this Ordinance and the

Administrative Resolution, (ii) contain reasonable and proper

provisions for the protection and enforcement of the rights and >^^

remedies of the holders of the Revenue Obligations, (iii) set 2^ ^"

forth the rights and remedies of the holders of the Revenue

Obligations and any Trustee and may restrict the individual right

of action by the holders of the Revenue Obligations and (iv)

177

::3

Ord. No. 495

contain whatever other provisions are deemed reasonable and
proper for the security of the holders of the Revenue
Obligations .

The Board of Finance shall perform any and all actions
necessary or deemed appropriate by such Board in order to effect
the issuance and sale of the Revenue Obligations in accordance
with and pursuant to this Ordinance and the underwriting or
placement agreements or purchase contracts for the Revenue
Obligations .

SEC. 20. AND BE IT FURTHER ORDAINED, That, prior to the
sale of the Revenue Obligations, the Board of Finance, unless the
City shall otherwise prescribe, may determine by resolution:

(1) the provisions of trust between the City and the
Trustee;

(2) the manner of execution, authentication, registration
and transfer of the Revenue Obligations;

(3) provisions for authentication and delivery of the
Revenue Obligations;

(4) the terms of any private insurance, public insurance or
any other security for the Revenue Obligations;

(5) provisions for creation, holding and disbursement of any
funds and accounts to be held by the Trustee or the Director of
Finance;

(6) provisions for the application of the Operating Revenues
of the Utility, the Pledged Revenues and the Pledged Amounts;

(7) provisions for the security for and investment of moneys
held by the Trustee or the Director of Finance;

(8) the details of the procedure for any redemption of the
Revenue Obligations;

(9) remedies for holders of the Revenue Obligations in the
event of default;

(10) the duties, rights and immunities of the Trustee;

(11) the manner of execution of instruments by holders of
the Revenue Obligations and the method of proof of ownership of
the Revenue Obligations;

178

Ord. No. 495

(12) provisions for modification of this Ordinance,
including amendment of this Ordinance to increase the aggregate
amount of Revenue Obligations authorized hereunder;

(13) provisions for defeasance of the Revenue Obligations;

(14) the forms of the Revenue Obligations (including book-
entry or certificated bonds), and the Trustee's authentication
certificate; and

(15) such other matters in connection with the
authorization, issuance, security, sale and payment of the
Revenue Obligations as may be deemed appropriate by the Board of
Finance.

Any resolution or resolutions adopted pursuant to this
Ordinance shall be deemed to be of an administrative nature.

SEC. 21. AND BE IT FURTHER ORDAINED, That, although under
current law the Water Utility and the Wastewater Utility are each

to be conducted as a separate enterprise, on a financially self- {f.

sustaining basis, nothing in this Ordinance shall be deemed to U

preclude a consolidation or other combination of the Water

Utility and the Wastewater Utility or any budgetary restructuring »,.

or interfund reorganization of such utilities, so long as it is •rp*' <:

determined, in accordance with procedures set forth in the

Administrative Resolution, that such consolidation or combination

will not impair the security for the Revenue Obligations as

provided in this Ordinance, the Administrative Resolution and the ^" "^

Revenue Obligations. Q;.*! "

SEC. 22. AND BE IT FURTHER ORDAINED, That, although this
Ordinance provides for, and the Administrative Resolution shall
provide for, a pledge of the Pledged Amounts with respect to the
Revenue Obligations, nothing in this Ordinance shall be deemed to
preclude a pledge, with respect to the Revenue Obligations, of
revenue of and amounts held by the Water Utility, including the C

Pledged Amounts, under different or alternative formulations, so
long as it determined, in accordance with procedures set forth in
the Administrative Resolution, that such different or alternative
formulation will not impair the security for the Revenue
Obligations as provided in this Ordinance, the Administrative
Resolution and the Revenue Obligations.

SEC. 23. AND BE IT FURTHER ORDAINED, That, the Mayor and U ■

City Council may amend or supplement this Ordinance from time to ^^ "^

time as necessary and appropriate to increase the authorized i^^

amount of Revenue Obligations, and for any other purpose provided ^^ y

such action is otherwise consistent with the terms of this
Ordinance, the Administrative Resolution and the Revenue
Obligations. The Administrative Resolution shall provide that no

179

ZID

Ord. No. 495

such Additional Revenue Obligations shall be issued pursuant to
this Ordinance and the Administrative Resolution unless (a) there
is no Event of Default existing on the date of issuance of any
such Revenue Obligations and (b) there is a determination,
pursuant to the Administrative Resolution, that the Rate
Requirements will be met on the date of issuance of any such
obligations. Reference to the Enabling Laws in this Ordinance or
any supplemental ordinance may refer to one or both of such
Enabling Laws and shall not be deemed to be exclusive of any
public general law or any public local law or charter provision
enacted from time to time.

SEC. 24. AND BE IT FURTHER ORDAINED, That, if any action or
any matter delegated to the Board of Finance, or authorized for
implementation by the Board of Finance, shall not be acted upon
by the Board of Finance, such actions and matters may be acted
upon or implemented hy a resolution approved by the City Council
of the City, which is subsequently approved by the Mayor or
acting Mayor of the City.

SEC. 25. AND BE IT FURTHER ORDAINED, That, in the event
that Revenue Obligations are issued pursuant to this Ordinance
with the expectation that interest on such Revenue Obligations
will be exempt from federal income taxation, the City covenants
with each of the holders of any such Revenue Obligations that it
will not use, or suffer or permit to be used, the proceeds
received from sale of the Revenue Obligations, or any moneys on
deposit to the credit of any Revenue Obligations account .of the
City or established under the Administrative Resolution which may
be deemed to be proceeds of the Revenue Obligations pursuant to
Section 148 of the Internal Revenue Code of 1986, as amended (the
"Internal Revenue Code"), and applicable regulations thereunder,
which use would cause such Revenue Obligations to be "arbitrage
bonds" within the meaning of Section 148 of the Internal Revenue
Code and the regulations thereunder. The City further covenants
that it will comply with Section 148 of the Internal Revenue Code
and the regulations thereunder which are applicable to the
Revenue Obligations on the date of issuance of the Revenue
Obligations and which may subsequently lawfully be made
applicable to the Revenue Obligations. The Mayor, the Director
of Finance and the Chief of the Bureau of Treasury Management of
the City are hereby authorized and directed to prepare or cause
to be prepared and to execute, respectively, any certification,
opinion or other document which may be required to assure that
the Revenue Obligations will not be deemed to be "arbitrage
bonds" within the meaning of Section 148 of the Internal Revenue
Code and the regulations thereunder.

In the event that Revenue Obligations are issued hereunder
with the expectation that interest on such Revenue Obligations
will be exempt from federal income taxation, the Mayor may make

180

Ord. No. 495

such covenants or agreements in connection with the issuance of

such Revenue Obligations as he shall deem advisable in order to

assure the holders of such Revenue Obligations that interest

thereon shall be and remain exempt from federal income taxation,

and such covenants or agreements shall be binding on the City so

long as the observance by the City of any such covenants or

agreements is necessary in connection with the maintenance of the

exemption from federal income taxation of the interest on such

Revenue Obligations. The foregoing covenants and agreements may

include such covenants or agreements on behalf of the City

regarding compliance with the provisions of the Internal Revenue

Code as the Mayor shall deem advisable in order to assure the

holders of such Revenue Obligations that the interest thereon

shall be and remain exempt from federal income taxation,

including (without limitation) covenants or agreements relating

to the investment of Revenue Obligation proceeds, the payment of

certain earnings resulting from such investment to the United

States, limitations on the times within which, and the purposes

for which, Revenue Obligation proceeds may be expended, or the

utilization of specified procedures for accounting for and

segregating Revenue Obligation proceeds. Any covenant or {J

agreement made by the Mayor pursuant to this paragraph shall be L*

set forth in or authorized by an order executed by the Mayor or -^

by the execution by the Mayor of the Administrative Resolution. ^j ^.

SEC. 26. AND BE IT FURTHER ORDAINED, That, the covenants of ^Z r-

the City contained in this Ordinance shall be for the benefit of ^-^ ^

the holders of the Revenue Obligations from time to time and ■— -^ C

shall be enforceable by such holders, subject to any limitations ^^

set forth in the Administrative Resolution. C

SEC. 28. AND BE IT FURTHER ORDAINED, That, Ordinance No.
866 (Bill No. 1323) , passed on January 10, 1983 and approved by
the Mayor on January 14, 1983, shall be superseded by this
Ordinance, and shall be of no further force and effect,
immediately upon (i) the discharge of the pledge of the Pledged

181

SEC. 27. AND BE IT FURTHER ORDAINED, That, the provisions _

of this Ordinance are severable, and if any provision, sentence, ^

clause, section or part hereof is held illegal, invalid or
unconstitutional or inapplicable to any person or circumstances,
such illegality, invalidity or unconstitutionality, or t-

inapplicability shall not affect or impair any of the remaining C

provisions, sentences, clauses, sections or parts of this
Ordinance or its application to other persons or circumstances.
It is hereby declared to be the legislative intent that this
Ordinance would have been adopted if such illegal, invalid or
unconstitutional provision, sentence, clause, section or part had

not been included herein, and if the person or circumstances to ^ ^

which this Ordinance or any part thereof is inapplicable had been Q^ p

specifically exempted herefrom. ^jj

>^-

Ord. No. 496

Amounts as provided in Article IX of the Bond Resolution adopted
by the Board of Finance on February 10, 1983, as amended, and
(ii) the discharge of the Pledged Revenues as provided in Article
VIII of the Bond Resolution (Water Projects) adopted by the Board
of Finance on June 11, 1987, as amended. No further action,
other than the discharge provided above, is required to be taken
in order to implement the provisions of this Section.

SEC. 29. AND BE IT FURTHER ORDAINED, That, this Ordinance
shall take effect from the date of its passage enactment.

Approved May 24, 1990

KURT L. SCHMOKE, Mayor

CITY OF BALTIMORE

ORDINANCE NO. 4 96

(Council Bill No. 1004)

AN ORDINANCE concerning

ISSUANCE OF REVENUE BONDS, REVENUE NOTES,

REFUNDING REVENUE BONDS AND REFUNDING

REVENUE NOTES (WASTEWATER PROJECTS)

FOR the purpose of authorizing and providing for the issuance
from time to time, by Mayor and City Council of Baltimore
(the "City") of its notes or bonds, designated "Revenue
Notes (Wastewater Projects) " or "Revenue Bonds (Wastewater
Projects)", as the case may be, in an aggregate principal
amount not exceeding seventy-five million dollars
($75,000,000) pursuant to the provisions of Article 31,
Section 12 of the Annotated Code of Maryland (1986
Replacement Volume and 1989 Cumulative Supplement) , as
amended from time to time, and in accordance with the
revenue bond authority contained in Article II, Section 50
of the Charter of Baltimore City (1964 Revision) , as amended
(the "City Charter") , in order to use the proceeds for the
public purposes of (a) refunding certain of the City's
outstanding revenue bonds and revenue notes which were
issued to finance and refinance capital improvements for
wastewater facilities of the City, (b) financing, in part,
certain wastewater facilities of the City, as provided in
this Ordinance, (c) funding capitalized interest on such
revenue bonds and revenue notes to the extent deemed
necessary and in accordance with any limitation on the
period for such funding established by law, (d) paying the
Costs of Issuance (as defined in this Ordinance) of such
revenue notes or revenue bonds and (e) funding any reserve

182

Ord. No. 496

funds, including, without limitation, reserves for such

revenue bonds and operating reserves, created pursuant to

this Ordinance or the Administrative Resolution (as defined

in this Ordinance) (any revenue note issued pursuant hereto,

including any parity revenue note issued pursuant to any

ordinance supplemental hereto, is referred to herein as a

"Revenue Note," and any revenue bond issued pursuant hereto,

including any parity revenue bond issued pursuant to any

ordinance supplemental hereto, is referred to herein as a

"Revenue Bond"; the terms Revenue Note and Revenue Bond are

further defined in the Recitals to this Ordinance);

authorizing and providing for the refunding, renewal or

refinancing of the Revenue Notes or the Revenue Bonds, in

whole or in part, from time to time by the City by the

issuance of refunding, renewal or refinancing notes or

bonds, as the case may be, and authorizing and providing for

the refunding, renewal or refinancing of any such refunding,

renewal or refinancing notes or bonds, all in accordance

with Article II, Section 50 of the City Charter and Article

31, Section 12 of the Annotated Code of Maryland (1986

Replacement Volume and 1989 Cumulative Supplement) (any note

issued pursuant hereto as a refunding, renewal or

refinancing note, including any parity note issued pursuant ^

to any ordinance supplemental hereto, is referred to herein C--^ ^

as a "Refunding Revenue Note"; any bond issued pursuant Z- *-

hereto as a refunding, renewal or refinancing bond, " "

including any parity bond issued pursuant to any ordinance

supplemental hereto, is referred to herein as a "Refunding

Revenue Bond"; and the Refunding Revenue Notes and the ^■"*

Refunding Revenue Bonds are collectively referred to as the (2i^^ "

"Refunding Obligations"; the terms Refunding Revenue Note ^-^

and Refunding Revenue Bond are further defined in the ig-.."" \

Recitals to this Ordinance) ; authorizing the use of the ^!' r

proceeds of any Refunding Obligations for the public

purposes of (a) refunding any outstanding Revenue .

Obligations, including the payment of any redemption premium J^. '

thereon, (b) paying the Costs of Issuance (as defined in C

this Ordinance) of such Refunding Obligations and (c)

funding any reserve funds for the Refunding Obligations,

including, without limitation, reserves for the payment of

interest thereon, and operating reserves, created pursuant

to this Ordinance or the Administrative Resolution (defined

herein) ; authorizing the Board of Finance to make various

determinations by resolution with regard to the terms and

provisions of the Revenue Notes, the Revenue Bonds, the U-

Refunding Revenue Notes and the Refunding Revenue Bonds ^:

(collectively, the "Revenue Obligations"), including the use »•"

of certain expedited procedures; providing for private ^^ y

(negotiated) sale of the Revenue Obligations unless the

Board of Finance shall determine that a particular issue or

series of Revenue Obligations shall be sold by competitive

183

::3

Ord. No. 496

bidding; providing that the Revenue Obligations (a) shall be
payable solely and only from (i) Pledged Revenues (as
defined in this Ordinance) of the Wastewater Utility of the
City established in accordance with Article 6, Section 11 of
the City Charter, and Ordinance No. 941 of the City,
approved by the Mayor on December 14, 1978, (ii) amounts in
any funds pledged to the payment of the Revenue Obligations,
including, without limitation, reserve funds established by
the Board of Finance for the payment of the principal of,
premium on, if any, and interest on the Revenue Obligations,
including investment earnings on any such funds (to the
extent provided by the Board of Finance), (iii) unexpended
proceeds of the Revenue Obligations, including investment
earnings on such proceeds (to the extent provided by the
Board of Finance), and (iv) other amounts legally available
therefor (the "Pledged Amounts") , (b) shall not ever
constitute within the meaning of any constitutional or
charter provision or otherwise (i) an indebtedness of the
City or any other political subdivision of the State of
Maryland or (ii) a charge against the general credit or
taxing powers of the City and (c) shall not ever constitute
(directly, indirectly or contingently) an obligation, moral
or otherwise, of the State of Maryland or of any political
subdivision thereof, including the City, to levy or pledge
any form of taxation whatever therefor for their payment;
pledging the Pledged Amounts to the payment of debt service
on the Revenue Obligations to the extent provided in the
Administrative Resolution; authorizing the creation of debt
service reserve funds, as additional security for the
payment of the Revenue Obligations (to the extent provided
by the Board of Finance) , and other reserve funds, as
determined by the Board of Finance; authorizing the issuance
of Indebtedness (as defined in this Ordinance) which may (to
the extent provided by the Board of Finance) be secured by
the Pledged Amounts, provided that any such claim of such
Indebtedness to the Pledged Amounts shall be junior and
subordinate as provided in this Ordinance-rJ. establishing
certain covenants of the City with respect to the wastewater
rates and charges to be established and maintained by the
City from time to time, including, without limitation, the
covenant to establish and maintain wastewater rates and
charges at a level sufficient, together with other amounts
in the Wastewater Operating Fund and available therefor, to
meet for each Fiscal Year of the City (defined herein) the
Operating Reguirements of the Utility (defined herein) and
to assure at least a one hundred and twenty percent (120%)
coverage from Pledged Revenues (defined herein) of Maximum
Annual Debt Service on the Revenue Obligations (defined
herein) ; providing for the disbursement of the proceeds of
the Revenue Obligations (defined herein) ; authorizing the
City to borrow on a short term basis, from time to time,

184

Ord. No. 496

pursuant to applicable law, an amount not to exceed an

amount equal to the amount of Accounts Receivable (defined

herein) as of the last day of the immediately preceding

month multiplied by the average Accounts Receivable

collection rate of the City for the three most recent Fiscal

Years and providing that such borrowing may be accomplished

by, among other things, the issuance of Revenue Obligations

and providing that the amounts so borrowed shall be in

addition to the amount of Revenue Obligations authorized in

Section 2 of this Ordinance; authorizing the issuance of any

Revenue Notes and Refunding Revenue Notes as bond

anticipation notes pursuant to the Bond Anticipation Note

Enabling Act (defined herein) and providing for the payment

of any such Revenue Notes or Refunding Revenue Notes from

the first proceeds of any Refunding Revenue Bonds issued by

the City in an amount necessary, together with any other

available funds, to provide for the payment of the principal

of and interest on such outstanding notes at maturity, and,

if any such Revenue Notes or Refunding Revenue Notes are

issued hereunder, covenanting to issue Refunding Revenue

Bonds when, and as soon as, the reason for delaying the

issuance thereof no longer exists; establishing certain

covenants of the City with respect to the wastewater

enterprise utility and with respect to the Revenue

Obligations; providing that the proceeds of the Revenue g^H ^

Obligations or any monies which may be deemed to be proceeds ^^^ ^

thereof, will not be used in a manner which would cause the

Revenue Obligations to be arbitrage bonds; providing that

the Board of Finance may determine by resolution or other w^

appropriate action certain other matters pertaining to the C

issuance, sale or delivery of any series of the Revenue ac:

Obligations; providing that certain actions may be taken itr

with respect to the consolidation of the Wastewater Utility ^

with the Water Utility of the City and with respect to the

security for the Revenue Obligations, under certain ■

circumstances; providing for the recalculation of Pledged J^

Revenues under certain changed circumstances; providing for v..

the amendment or supplementation of this Ordinance to

increase the authorized amount of Revenue Obligations, so *^,

long as such amendment or supplementation is in accordance ^

with this Ordinance, the Administrative Resolution and any \^

resolutions of the Board of Finance relating thereto; and

generally relating to the issuance, sale, delivery and

payment of all Revenue Obligations.

RECITALS

A. For convenience of reference. Mayor and City Council of
Baltimore, a municipal corporation organized and existing under
the Constitution and laws of the State of Maryland, is
hereinafter sometimes referred to as the "City".

185

Ord. No. 496

B. By City Charter amendment and ordinance (both described
herein) , the City established a separate enterprise system for
the City's wastewater utility (the "Wastewater Utility") in
December of 1978. The Wastewater Utility reguires requires
capital funding from time to time for improvem.ents to its
facilities, which funding may come from various sources. The
City has determined to issue revenue bonds and refunding
obligations to provide the funding for Wastewater Utility capital
projects as an important step in the implementation of a fully
separate, self-sustaining enterprise system as envisioned by the
Charter of Baltimore City, 1964 Revision, as amended (the "City
Charter") . The revenue bonds will require and the City Charter
does require that rates and charges established for the
Wastewater Utility be maintained at a level permitting the
Wastewater Utility to operate on a self-supporting basis. This
Ordinance sets forth the procedure for the issuance of revenue
bonds in furtherance of this self-supporting concept.

C. Section 50 ("Section 50") of Article II of the City
Charter authorizes the City to borrow money to finance
undertakings for the accomplishment of any of the purposes,
objects and powers of the City and in connection therewith to
issue bonds, notes or other obligations (including refunding
obligations) payable as to both principal and interest solely
from and secured solely by a pledge of the revenues from or
arising in connection with the property, facilities, developments
and improvements whose financing is undertaken by issuance of
such notes, bonds or other obligations.

D. Article 31, Section 12 of the Annotated Code of Maryland
(1986 Replacement Volume and 1989 Cumulative Supplement) (the
"Bond Anticipation Note Enabling Act") authorizes and empowers
the City to borrow money in anticipation of the issuance of
obligations authorized under Section 50 and to evidence such
borrowing by the issuance and sale of its bond anticipation notes
in aggregate amount not greater than the authorized amount of the
obligations in anticipation of the sale of which the notes are
issued and sold. The Bond Anticipation Note Enabling Act
provides that such notes shall be payable as to interest and
principal (except to the extent paid from proceeds of the sale of
the notes) from the first proceeds of the obligations in
anticipation of the sale of which such notes are issued. The
Bond Anticipation Note Enabling Act further authorizes and
empowers the City to pay up to twelve months' interest on the
notes from the proceeds of the notes. The Bond Anticipation Note
Enabling Act authorizes the sale of any notes to be issued
pursuant to such act by public sale or by private negotiation
with prospective purchasers, if such negotiated sale is deemed by
the City to be in the best interest of the City. The Bond
Anticipation Note Enabling Act authorizes the renewal at maturity

186

Ord. No. 496

of bond anticipation notes issued thereunder, with or without
resale.

F. The City proposes to spend a portion of the proceeds of
the Revenue Notes or the Revenue Bonds to refund certain
outstanding revenue bonds and revenue notes which were issued to
finance and refinance capital improvements for wastewater
facilities in the City. The City proposes to expend the balance

of the proceeds of the Revenue Notes or the Revenue Bonds, after 2- ^

the payment of Costs of Issuance and the creation of necessary ^-" Q

reserves, including without limitation, debt service reserves and

operating reserves, for the general public purposes of financing ^

the costs of Wastewater Utility capital projects (i) appropriated ^"* "*

in any past or the current Ordinance of Estimates (as of the date Qj^ **

of issuance of any series of Revenue Obligations) , (ii) included, ^^

from time to time, in the City's six-year capital program (or ^- ^>

comparable document, from time to time) , (iii) contained in any ^:" ^

supplemental appropriation to the Ordinance of Estimates approved \

from time to time by the City Council or (iv) which are the
subjects of transfers from existing appropriations in the
Ordinance of Estimates, as approved, from time to time, by the
Board of Estimates (collectively, the "Financed Facilities") .
The proceeds of the Revenue Bonds may be used to repay to the
City amounts expended for the Financed Facilities in anticipation
of the issuance of the Revenue Obligations. All wastewater
facilities of the City, including the Financed Facilities, are ?yO "^

referred to herein as the "Wastewater Facilities". J^ "* ^

G. The City proposes to spend the proceeds of any Refunding U^ •
Obligations hereby authorized for the general public purposes of ^> ^
paying, prepaying, refinancing or restructuring the debt »»*J
evidenced by the Revenue Notes, the Revenue Bonds or any other J^^ f^
Refunding Obligations issued pursuant to this Ordinance, which »— ^ ^
repayment may include the payment of any premium on such '*'
obligations, the payment of Costs of Issuance (as defined in this

187

f:.

Ord. No. 496

Ordinance) and the creation of reserve funds for the Refunding
Obligations, including, without limitation, reserves for the
payment of the Refunding Obligations.

H. Section 50 confers upon the Board of Finance of the City
(as successor to the Commissioners of Finance of the City)
certain powers in connection with Revenue Obligations issued
pursuant thereto, including, without limitation, the power to
determine the form or forms of obligations, the date of the
Revenue Obligations issued at any particular time, the right of
redemption of the Revenue Obligations prior to maturity, if any,
and the rate or rates of interest to be borne by the Revenue
Obligations .

I. Article 6, Section 11 of the City Charter provides that
the Wastewater Utility shall be conducted as a separate self-
sustaining enterprise and that the City shall have adopted by
January 1, 1979 an ordinance or ordinances as may be necessary or
desirable to implement the provisions of such Section 11. On
December 12, 1978 the City Council adopted Ordinance No. 941,
approved by the Mayor on December 14, 1978, providing for the
implementation of a separate enterprise system for the Wastewater
Utility.

J. In addition to any Revenue Obligation proceeds which may
be available for the payment of one or more series of Revenue
Obligations, the Revenue Obligations shall be payable solely and
only from (i) Operating Revenues of the Utility (defined herein)
arising from the increase in Rates and Charges (defined herein)
established by the City from time to time over those Rates and
Charges established by the City as of June 30, 1979 (the "Pledged
Revenues") , (ii) amounts in any funds pledged to the payment of
the Revenue Obligations, including without limitation, any
reserve funds established by the Board of Finance for the payment
of the principal of, premium on, if any, and interest on the
Revenue Obligations, including investment earnings on any such
funds (to the extent provided by the Board of Finance) , (iii)
unexpended proceeds of the Revenue Obligations, including
investment earnings on such proceeds (to the extent provided by
the Board of Finance), and (iv) other amounts legally available
therefor; provided, however, that if after the date of issuance
of any series of Revenue Obligations, the method of setting Rates
and Charges which was utilized as of June 30, 1979 is changed by
the City (the "New Method"), the Pledged Revenues for any period
shall be the Operating Revenues of the Utility arising from the
increase in Rates and Charges established by the City under the
New Method over those Rates and Charges which would have been
established by the City as of June 30, 1979 had the City applied
the New Method as of June 30, 1979; provided further, however,
that the New Method shall be applied only to the extent that such
application does not result in any breach of the rate

188

Ord. No. 496

requirements, as of the date of such application, as provided in
the Administrative Resolution (defined herein) .

Section 1. Be it ordained by the Mayor and City Council of
Baltimore, That, in addition to any other terms defined elsewhere
in this Ordinance, the following terms shall have the following
meanings in this Ordinance:

"Accounts Receivable" means the accounts receivable of the
Wastewater Utility determined in accordance with generally

accepted accounting principles, as reflected in the financial tf.

statements of the Wastewater Utility. \x

"Administrative Resolution" means, collectively, the C^ D

resolution or resolutions adopted by the Board of Finance ^^ ^

pursuant to this Ordinance. ^Z ^

Credit Facility securing such Optional Tender Indebtedness prior C

to the stated maturity thereof.

—JC

V-

C/O-

"Capital Receipts of the Utility" means all receipts
deposited in the Wastewater Capital Fund of the Wastewater
Utility or any fund for capital projects created pursuant to the
Administrative Resolution, including, without limitation,
revenues, receipts from federal grants. State of Maryland grants,
county grants (including contributions for service) , private \^

grants, State of Maryland loans. City general obligation loan ^> ^

funds, proceeds of the Revenue Obligations and all other receipts ^^—

dedicated to particular capital projects of the Wastewater ^^ y

Utility. O *-

189

Ord. No. 496

"Credit Facility Agreement" means the agreement pursuant to
which any Credit Facility is issued.

"Debt Service Requirements" means, when used with respect to
any Indebtedness for any Fiscal Year or bond year established by
the Board of Finance in the Administrative Resolution (the "Bond
Year") (as the case may be), as of any particular date of
calculation, the amount required to pay the sum of (a) the
interest on such Indebtedness payable during the period from the
second day of such Fiscal Year or Bond Year (as the case may be)
through the first day of the immediately succeeding Fiscal Year
or Bond Year (as the case may be) , and (b) the principal of, the
sinking fund installment for and any other amount required to
effect any mandatory redemption of such Indebtedness, if any,
during the period from the second day of such Fiscal Year or Bond
Year (as the case may be) through the first day of the
immediately succeeding Fiscal Year or Bond Year (as the case may
be) , less any amount of such interest or principal for the
payment of which moneys or investment obligations authorized by
the Administrative Resolution, the principal of and interest on
which when due will provide for such payment, are irrevocably
held in trust, including (without limitation) any accrued
interest and capitalized interest held by the Trustee for such
purpose. For the purpose of calculating the Debt Service
Requirements:

(i) with respect to any Variable Rate Indebtedness:

(A) for the purpose of calculating any debt service reserve
fund requirement for any Revenue Obligations or other
Indebtedness established by the Board of Finance in the
Administrative Resolution (the "Debt Service Reserve Fund
Requirement") and the principal amount of Balloon Indebtedness
constituting Variable Rate Indebtedness payable in any Fiscal
Year or Bond Year described in clause (ii) (D) below, such
Indebtedness shall be deemed to bear interest at the fixed rate
that it would have borne had it been issued at a fixed rate for

190

Ord. No. 496

the term thereof, as evidenced by a certificate of an authorized
officer of the City designated pursuant to the Administrative
Resolution (the "Authorized Officer") and a certificate of an
investment banking firm or financial advisor knowledgeable in
financial matters relating to the City who may be, without
limitation, the financial advisor to the City, confirming such
interest rate assumption as reasonable; and

(B) for all other purposes of this Ordinance, such Variable
Rate Indebtedness shall be deemed to bear interest at an annual
rate equal to (1) in the case of any period during which such
Indebtedness shall have been outstanding, 110% of the weighted
average interest rate per annum borne by such Indebtedness during
such period and (2) in any other case, the Revenue Bond Index of
30 year revenue bonds published in the Bond Buyer on the most
recent date prior to the date of calculation (or, if such index
is no longer published, such other index of revenue bonds as
shall be set forth in a certificate of an Authorized Officer of
the City) ; and

(ii) with respect to any Balloon Indebtedness; tj

(A) unless such Indebtedness meets the requirements of , "^
clause (ii) (B) , (ii)(C), (ii)(D) or (v) below, the principal ^} 0-
amount of such Indebtedness shall be deemed to be payable during •^^ cT
the Fiscal Year or Bond Year in which such principal amount ^^" r»
becomes due, except as provided in clause (ii) (E) below; "^^.

(B) if a Liquidity Facility is then in effect with respect ^* ^
to such Indebtedness, at the election of the City, the principal ("V^ ^^
amount of such Indebtedness payable in each Fiscal Year or Bond

Year as of any date of calculation may be deemed to be the amount ^~

that would be payable during such Fiscal Year or Bond Year (as ^ ' r

the case may be) pursuant to the Credit Facility Agreement under

which such Liquidity Facility was issued (including any term loan .

provisions thereunder) if such Liquidity Facility were used or ^

drawn upon to purchase or retire such Indebtedness on the stated C

maturity date thereof or on any date established for the

mandatory redemption thereof, less the aggregate amount required .^

to be on deposit in any irrevocable sinking fund established to

provide for the payment of such Indebtedness in accordance with

clause (ii) (C) below during such Fiscal Year or Bond Year (as the

case may be) , except as provided in clause (ii) (E) below;

tire

other resolution of the City, an irrevocable sinking fund shall
have been established to provide for the payment of such
Indebtedness when due, (2) deposits to such sinking fund are
current and timely and (3) verification of such timely deposits
is contained in the most recent audited financial statements of
the City or a letter to the City from an independent certified

191

Ord. No. 496

public accountant, then the principal amount of such Indebtedness
payable in each Fiscal Year or Bond Year (as the case may be)
shall be deemed to be the amount required to be deposited in such
sinking fund for such Fiscal Year or Bond Year (as the case may
be), except as provided in clause (ii) (E) below;

(D) except as provided in clause (ii) (C) above and clauses
(ii)(E) or (V) below, in the case of any Balloon Indebtedness in
an aggregate principal amount that, together with the aggregate
principal amount of Outstanding Optional Tender Indebtedness
described in clause (iii)(C) below, does not exceed 20% of the
Pledged Revenues for the most recent Fiscal Year for which
audited financial statements of the City are available, at the
election of the City, the principal amount of such Indebtedness
payable in each Fiscal Year or Bond Year (as the case may be) may
be deemed to be the amount that would be payable during such
Fiscal Year or Bond Year (as the case may be) if such
Indebtedness were required to be amortized in full from the date
of its issuance or, in the case of any such Indebtedness issued
to finance or refinance any Financed Facilities, at the option of
the City, a date on or before the completion of such Financed
Facilities, in substantially equal annual installments of
principal (such principal to be rounded to the nearest $5,000)
and interest over a term equal to the shorter of (1) 30 years and
(2) 120% of the weighted average economic life of the Financed
Facilities, as evidenced by a certificate of an independent
certified public accountant; provided, however, that if any
principal amount of such Indebtedness is stated to mature or is
unconditionally subject to mandatory redemption within the 12-
month period immediately succeeding the date of calculation, then
such principal amount shall be deemed to be payable on the stated
maturity date thereof or on the date established for the
mandatory redemption thereof; and

(E) for purposes of calculating the Debt Service Reserve
Fund Requirement for any Revenue Obligations or other
Indebtedness, the principal amount of such Indebtedness payable
in each Fiscal Year or Bond Year shall be determined in
accordance with clause (ii) (D) above without regard to the
aggregate principal amount of such Indebtedness outstanding from
time to time;

(iii) with respect to any Optional Tender
Indebtedness:

(A) unless such Indebtedness meets the requirements of
clause (iii)(B), (iii)(C) or (v) below, the principal amount of
such Indebtedness payable in each Fiscal Year or Bond Year as of
any date of calculation shall be deemed to be the principal
amount of such Indebtedness that could be payable by the City
during such Fiscal Year or Bond Year (as the case may be) in

192

Ord. No. 496

connection with any demand for the purchase or redemption of such
Indebtedness by any holder thereof or any termination of any
Credit Facility securing such Indebtedness, except as provided in
clause (iii) (D) below;

(B) if a Liquidity Facility is then in effect with respect
to such Indebtedness, at the election of the City, the principal
amount of such Indebtedness payable in each Fiscal Year or Bond
Year as of any date of calculation may be deemed to be the amount
that would be payable during such Fiscal Year or Bond Year (as
the case may be) pursuant to the Credit Facility Agreement under
which such Liquidity Facility was issued (including any term loan
provisions thereunder) if such Liquidity Facility were used or
drawn upon to purchase or retire such Indebtedness on the
earliest date on which such Indebtedness may be required to be
purchased or redeemed at the option of the holder thereof or in
connection with any expiration of any Credit Facility securing
such Indebtedness, except as provided in clause (iii) (D) below;

of any Optional Tender Indebtedness in an aggregate principal (f.

amount that, together with the aggregate principal amount of ^

Outstanding Balloon Indebtedness described in clause (ii) (D) — '

above, does not exceed 20% of the Pledged Revenues of the City ^I!i C^

for the most recent Fiscal Year for which audited financial ^^ ^

statements of the City are available, the principal amount of ^i* Cl

such Indebtedness payable in each Fiscal Year or Bond Year (as ^- "^

the case may be) may be determined in accordance with clause (ii) ■—■J U-

(D) above as if such Optional Tender Indebtedness were Balloon ^- ^

Indebtedness; and CifL *^

^^.^

(D) for purposes of calculating the Debt Service Reserve ^Z '
Fund Requirement for any Revenue Obligations or other ^'; 'r
Indebtedness, the principal amount of such Indebtedness payable ^
in each Fiscal Year or Bond Year (as the case may be) shall be
determined in accordance with clause (iii) (C) above without
regard to the aggregate principal amount of such Indebtedness
outstanding from tim.e to time;

(iv) with respect to any Credit Facility Agreement, except
as provided in clauses (ii) (B) and (iii) (B) above, so long as no
demand for payment under the Credit Facility issued under such

Credit Facility Agreement shall have been made, the debt service ^

requirements of such Credit Facility Agreement shall be excluded O

from such calculation, and l^.-

(V) with respect to any (a) Revenue Note the initial stated ^^

maturity of which is equal to or less than 36 months from the
date of issuance (and one or more series of Revenue Notes issued
in order to refund any such Revenue Notes) or (b) Indebtedness
other than Revenue Obligations, the principal amount of such

193

C/0-

Ord. No. 496

Indebtedness payable in each Fiscal Year or Bond Year as of any
date of calculation shall be deemed to be the amount that would
have been payable during such Fiscal Year or Bond Year (as the
case may be) if such Indebtedness were required to be amortized
in full from the date of its issuance or, in the case of any such
Indebtedness issued to finance or refinance any Financed
Facilities, at the option of the City a date on or before the
completion of such Financed Facilities, in substantially equal
annual installments of principal (such principal to be rounded to
the nearest $5,000) and interest over a term equal to the shorter
of (1) 30 years and (2) 120% of the weighted average economic
life of the Financed Facilities, as evidenced by a certificate of
an independent certified public accountant.

"Extraordinary Capital Requirement" means, for any Fiscal
Year, the amount of appropriation authority in the Wastewater
Utility capital budget portion of the Ordinance of Estimates for
such Fiscal Year necessary for non-recurring, unanticipated,
major capital expenditures related to the maintenance or repair
of the Wastewater Facilities during such Fiscal Year and not
otherwise provided for in the Wastewater Utility operating or
capital budget portion of the Ordinance of Estimates, but in any
event, not less than two and one-half percent (2 1/2%) of the
estimated Operating Revenues of the Utility for such Fiscal Year
as set forth in the budget for such Fiscal Year.

"Fiscal Year" means the 12-month period commencing on July 1
of any calendar year and ending on June 3 0 of the succeeding
calendar year, or. any other fiscal year established by the City
from time to time.

"Indebtedness" means any indebtedness or liability for
borrowed money, any installment sale obligation or any obligation
under any Lease that is capitalized under generally accepted
accounting principles, in each case which the City may by law or
contract be obligated to pay from the Wastewater Operating Fund
with respect to the Wastewater Utility.

"Lease" means any financing lease, sale leaseback or similar
transaction.

"Liquidity Facility" means a written commitment to provide
money to purchase or retire any Indebtedness if (i) on the date
of delivery of such Liquidity Facility, the unsecured
indebtedness of the provider of such Liquidity Facility is rated
by any two rating agencies in one of the two highest rating
categories and (ii) as of any particular date of determination,
not more than 10% of any amount realized under such Liquidity
Facility for the payment of the principal or the purchase or
redemption price of such Indebtedness (exclusive of amounts
realized for the payment of accrued interest on such
Indebtedness) shall be required to be repaid by the City within
the succeeding 12-month period.

194

Ord. No. 496

"Operating Requirements of the Utility" means, for any
period, the amount of money necessary to meet (i) all operating
expenses of the Wastewater Utility, exclusive of depreciation;
(ii) the Debt Service Requirements with respect to Indebtedness;
(iii) all amounts necessary to maintain the Operating Reserve;
(iv) all amounts payable to any reserve funds established herein
for the payment of the Revenue Obligations or other Indebtedness;
(V) all amounts necessary to maintain the Ordinary Capital
Requirement; (vi) all amounts necessary to maintain the
Extraordinary Capital Requirement for such period; (vii) all
amounts necessary to fund appropriations for specific capital
projects to the extent that such projects are expected to be paid
from Operating Revenues of the Utility; (viii) all amounts
necessary to compensate the Wastewater Utility for any operating

deficit from the previous Fiscal Year or Years; (ix) all payments U-

of principal, premium, if any, and interest on the City's general
obligation bonds issued to provide the Wastewater Facilities; and
(X) all other amounts which the City may by law or contract be 12- ^

obligated to pay from the Wastewater Operating Fund with respect ^^ ^

to the Wastewater Utility. "] p.

"Operating Reserve" means all amounts determined by the City P^* ^

to be adequate operating reserves for the Wastewater Utility but QX!L **

in any event no less than four percent of the operating expenses ^e^C

of the Wastewater Utility shown on the budget of the Wastewater le^— ^

Utility for the period of calculation, exclusive of depreciation. ^^ ^

"Operating Revenues of the Utility" means all income, m. ^

revenue, receipts and other moneys deposited in the Wastewater ^T^

Operating Fund of the Wastewater Utility, including, without Qm-y

limitation, all amounts derived by the City from the ownership L>

and operation of the Wastewater Utility and all accounts, general
intangibles and contract or other rights to receive the same, and
the proceeds thereof, but exclusive of Capital Receipts of the
Utility.

"Optional Tender Indebtedness" means any Indebtedness that
is subject to optional or mandatory tender by the holder thereof
(including, without limitation, any mandatory tender in
connection with the expiration of any Credit Facility securing
such Indebtedness) for purchase or redemption prior to the stated
maturity date thereof if the purchase or redemption price of such
Indebtedness is under any circumstances payable from the
Wastewater Operating Fund with respect to 'the Wastewater Utility.

195

Ord. No. 496

"Ordinary Capital Requirement" means, for any period, the
amount of appropriation authority included in the Wastewater
Utility capital budget portion of the Ordinance of Estimates as
deemed necessary for the payment of normal recurring capital
costs related to the renewing, improving, rebuilding or extending
of the Wastewater Facilities during such period and expected to
be provided from current Operating Revenues of the Utility;
provided, however, that if as of June 30 of any Fiscal Year there
shall be an amount credited to any capital reserve account within
the Wastewater Utility which shall not have been allocated for
payment of the cost of a specific capital project of the
Wastewater Utility, then as of such date the Ordinary Capital
Requirement shall be reduced for such Fiscal Year by such amount.

"Rates and Charges" means the rates and charges assessed or
established by the Board of Estimates in accordance with Article
29, Sections 21 and 21A of the City Code, as amended from time to
time, for the supply and use of wastewater for any purpose and at
any point in or outside Baltimore City, either by meter, fixed
charge or otherwise.

"Rate Requirements" means those requirements for the
establishment of Rates and Charges as set forth in Section 8 of
this Ordinance.

"Trustee" means the bank, trust company or national banking
association appointed pursuant to the Administrative Resolution
as trustee for any Revenue Obligations.

"Wastewater Capital Fund" means the fund of the City to
which Capital Receipts of the Wastewater Utility are credited.

"Wastewater Facilities" means all wastewater facilities of
the City, including the Financed Facilities.

"Wastewater Operating Fund" means the fund of the City to
which Operating Revenues of the Wastewater Utility are credited.

"Wastewater Utility" means the wastewater utility conducted
as a separate enterprise pursuant to Article VI, Section 11 of
the City Charter.

"Water Utility" means the water utility conducted as a
separate enterprise pursuant to Article VI, Section 11 of the
City Charter. Gcction 2. And be it further ordained, — Thatt

196

C/5

Ord. No. 4 96

SEC. 2. AND BE IT FURTHER ORDAINED, That:

A. The issuance, sale and delivery of an aggregate principal
amount of Revenue Obligations not exceeding seventy-five million
dollars ($75,000,000) is hereby authorized for the general public
purposes of financing or refinancing the cost of the Financed
Facilities and repaying the City for amounts expended on Financed
Facilities in anticipation of the issuance of the Revenue
Obligations. This maximum amount may consist of (i) Revenue
Notes, (ii) Revenue Bonds, (iii) Refunding Revenue Notes, (iv)
Refunding Revenue Bonds, and (v) any combination of items (i) to
(iv), inclusive, above. Any Refunding Obligations issued
hereunder to refund any Revenue Obligations previously issued
hereunder shall replace that portion of the authorized amount of
Revenue Obligations previously issued and shall not be deemed to
reduce the maximum authorized amount of Revenue Obligations
permitted to be issued hereunder. In addition, (i) the payment
of the principal of any Revenue Obligations previously issued,
whether at maturity, upon redemption or otherwise, (ii) the
purchase and cancellation of any Revenue Obligations or (iii) the
provision for the payment of the principal of any Revenue

Obligations in a manner which makes such Revenue Obligation no U;

longer outstanding in accordance with the terms of the
Administrative Resolution shall restore the principal amount of
Revenue Obligations authorized to be issued hereunder by an I^- ^

amount equal to the principal amount of Revenue Obligations so ^^ ^

paid, purchased and cancelled or otherwise provided for. The j p

amount of any Credit Facility and any Revenue Obligation issued ^"^ J^

to evidence the indebtedness for borrowed money or the liability r^* ^

for such Credit Facility, shall not be deemed to reduce the Q-

maximum authorized amount of Revenue Obligations permitted to be i^(^

issued hereunder. In connection with the issuance of capital ,— - ^

appreciation Revenue Obligations, compound interest Revenue g^ ^

Obligations or similar types of Revenue Obligations, the ^

principal amount of such Revenue Obligations issued pursuant to . . ^

this Ordinance, for purposes of determining the remaining J^IT ^

authorized amount of Revenue Obligations permitted to be issued ^-/

hereunder, shall be the principal amount of such Revenue ^

Obligations outstanding on the date of issuance thereof. *m^^ ^

B. The proceeds of the Revenue Notes or Revenue Bonds, as J^^ ^
the case may be, shall be used for the purposes described in ^Q '^
Section 3 of this Ordinance. The proceeds of any Refunding V^^ -^
Obligations shall be used for the purposes described in Section 3 "^x C
of this Ordinance. The Revenue Notes, the Revenue Bonds or the LJ-J r^
Refunding Obligations, as the case may be, may be issued in one ^3*

or more series, and each such series shall be identified by a ^^

year and a letter designation, so that the first series in the ^^ f^

year 1990 (if the issuance of more than one series of notes or p^-^ ^

bonds hereunder is then contemplated and if issued in the year '*'
1990) shall be designated "Revenue Notes (Wastewater Projects) ,

197

Ord. No. 496

Series 1990-A", "Revenue Bonds (Wastewater Projects), Series
1990-A"; "Refunding Revenue Notes (Wastewater Projects), Series
1990-A"; or "Refunding Revenue Bonds (Wastewater Projects),
Series 1990-A", unless another designation is determined in the
Administrative Resolution. The aggregate principal amount of
Revenue Obligations to be issued pursuant to this Ordinance at
any one time shall be determined by the Board of Finance in the
Administrative Resolution.

SEC. 3. AND BE IT FURTHER ORDAINED, That:

A. The net proceeds from the sale of the Revenue Notes or
Revenue Bonds, as the case may be, authorized to be issued and
sold by this Ordinance, shall be used and applied for the public
purposes of (i) refinancing the City's outstanding revenue bonds
and revenue notes which were issued to finance or refinance
capital improvements for wastewater facilities of the City; (ii)
financing, in part, the cost of the Financed Facilities (either
directly or by repayment to the City, as provided in this
Ordinance); (iii) funding capitalized interest on any Series of
Revenue Notes or Revenue Bonds to the extent deemed necessary (as
provided by the Board of Finance) and in accordance with any
limitation on the period for such funding established by law;
(iv) paying the Costs of Issuance of any Series of Revenue Notes
or Revenue Bonds; and (v) funding any reserve funds, including,
without limitation, reserves for the Revenue Notes or Revenue
Bonds and operating reserves (to the extent provided by the Board
of Finance) , created pursuant to this Ordinance and the
Administrative Resolution.

B. The net proceeds from the sale of the Refunding
Obligations authorized to be issued and sold by this Ordinance,
shall be used and applied for the public purposes of (i)
refinancing, restructuring, refunding or renewing, in whole or in
part, from time to time, any outstanding Revenue Notes, Revenue
Bonds and Refunding Obligations, or other Indebtedness, including
the payment of any redemption premium thereon; (ii) paying any
redemption premium in connection with obligations being
refinanced or refunded from the proceeds of the Refunding
Obligations; (iii) paying the Costs of Issuance of any series of
Refunding Obligations; and (iv) funding any reserve funds for the
Refunding Obligations, including, without limitation, reserves
for the payment of the Refunding Obligations and any Operating
Reserves (to the extent provided by the Board of Finance) ,
created pursuant to this Ordinance and the Administrative
Resolution.

SEC. 4. AND BE IT FURTHER ORDAINED, That:

A. The City finds and determines that: (a) the Board of
Finance, being primarily responsible for the issuance and sale of

198

Ord. No. 496

the City's certificates of indebtedness, has the expertise and
experience necessary to be primarily responsible for the
determination of matters set forth herein to be within its
jurisdiction. The market for Revenue Obligations of the City may
change from time to time from those conditions at the time of
issuance of the Revenue Notes or the Revenue Bonds and it is in
the best interest of the City to grant broad authority and
flexibility to the Board of Finance in connection with the
issuance of any Revenue Obligations.

(b) The existence of a growing market for tax-exempt
obligations (i) structured in the form of short term commercial
paper, (ii) structured as bond anticipation notes or refunding
notes, (iii) tied to an interest rate or rates that vary with a
defined or stated indicator or index or combinations thereof,
(iv) utilizing zero coupon bonds or compound interest bonds, (v)
issued in connection with a sale lease-back transaction or a
financing lease, (vi) utilizing letters of credit or lines of
credit and (vii) otherwise structured in a form then responsive

to the market, necessitates the establishment of procedures which ^

permit the City to utilize such a market for its obligations in C/*

addition to the traditional tax-exempt markets. (The structures tk

contemplated in this paragraph are referred to herein as the ^.^ JT

"Market Structures".) C-^ ^

B. Prior to the delivery of any Series of Revenue ^^ ^

Obligations, the Board of Finance shall adopt the Administrative "^J r

Resolution, which shall prescribe, subject to the Enabling Laws, "i-*"^ J^

(i) the principal amount of Revenue Obligations to be issued as a 5^*

series at any one time, (ii) the date of issue of the series of Ct^

Revenue Obligations, (iii) the interest rate or rates to be borne ^[^

by the series of Revenue Obligations, or the method by which such ,g-.- ^

interest rate or rates shall be computed, including the ^^ Q

^-'

establishment of limitations an the interest rate or rates.

beyond which further approvals of the Board of Finance are

required, (iv) the time periods and method of payment of interest ^^^

on the series of Revenue Obligations, (v) the redemption C^

provisions, if any, for the series of Revenue Obligations, (vi) ^

the maturity or maturities of the Series of Revenue Obligations,

(vii) the denomination or denominations of any Revenue

Obligations, (viii) the form, use of registration and mechanics

for payment of the Revenue Obligations, and (ix) any other terms

necessary or appropriate to reflect any matters provided in the

Administrative Resolution.

199

Ord. No. 496

authorized to determine whether a particular issue or series of
Revenue Obligations shall be sold by competitive bidding and any
such determination shall be set forth in the Administrative
Resolution for any such issue or series of Revenue Obligations.

E. The Board of Finance is further authorized to establish
a procedure whereby a variable or floating rate or rates can be
utilized for any series of Revenue Obligations, and to establish
any necessary relations with a commercial bank or other
appropriate institution to facilitate the payment of Revenue
Obligations, including (without limitation) the use of general or
standby letters of credit, lines of credit, bond insurance,
demand features, loan agreements, credit facilities, liquidity
facilities, backup loan arrangements or notes or similar
arrangements.

F. The Board of Finance is further authorized to take such
further or additional actions as are needed to permit the
utilization of any of the Market Structures in connection with,
the issuance of any series of Revenue Obligations, including
(without limitation) , by Administrative Resolution, to approve
all terms and provisions of any Credit Facilities and Credit
Facility Agreements in connection with the issuance of Revenue
Obligations and to provide, among other things, the terms for
repayment of any amounts drawn under any such Credit Facility and I
that any provider of any such Credit Facility shall be subrogated i
to the rights of the holders of such Revenue Obligations in
connection with any amounts advanced under any such Credit
Facility or that the provider of any such Credit Facility shall
otherwise have a claim to the Pledged Amount equal to the claim

of the holders of such Revenue Obligations, and any such
Administrative Resolution may provide for the issuance of Revenue
Obligations in order to evidence any such claim.

G. The Administrative Resolution shall be deemed to be of
an administrative nature and shall take effect on and from the
date of its passage.

SEC. 5. AND BE IT FURTHER ORDAINED, That:

200

Ord. No. 496

A. The payment of the principal of, premium on, if any,
and interest on, and the purchase price of, the Revenue
Obligations, and, to the extent provided in the Administrative
Resolution, amounts owing to the provider of any Credit Facility
securing any Revenue Obligations, (a) shall be payable solely and
only from (i) Pledged Revenues, (ii) amounts in any funds pledged
pursuant to the terms of the Administrative Resolution to the
payment of the Revenue Obligations, including, without
limitation, any reserve fund established by the Board of Finance
for payment of the principal of, premium on, if any, and interest
on the Revenue Obligations, including any investment earnings on
any such funds (to the extent provided by the Board of Finance) ,
(iii) unexpended proceeds of the Revenue Obligations, including
investment earnings on such proceeds (to the extent provided by
the Board of Finance) , and (iv) other amounts legally available
therefor (collectively, the "Pledged Amounts") and (b) shall not
ever constitute within the meaning of any constitutional or
charter provision or otherwise (i) an indebtedness of the City or
any other political subdivision of the State of Maryland or (ii)
a charge against the general credit or taxing powers of the City.
The issuance of the Revenue Obligations shall not constitute

(directly, indirectly or contingently) an obligation, moral or l^

otherwise, of the State of Maryland or of any political
subdivision thereof, including the City, to levy or pledge any
form of taxation whatever for their payment. I2^ ^

B. The Pledged Amounts are hereby pledged by the City to j q
secure the repayment of the principal of, premium on, if any, and J^^ ^
interest on, and the purchase price of, the Revenue Obligations P^* ^^
and, to the extent provided in the Administrative Resolution, D^-
amounts owing to the provider of any Credit Facility securing ae^^ ,
such Revenue Obligations; provided, however, that the pledge of b:^— ^-
the Pledged Amounts made hereby to the payment of the principal ^^ p
of, premium on, if any, and the purchase price of, any Revenue ^
Notes and Refunding Revenue Notes, and to the reimbursement of
the provider of any Credit Facility securing the payment of such
amounts, shall, to the extent and in the manner provided in the
Administrative Resolution, be junior and subordinate to the
pledge of the Pledged Amounts to the payment of the principal of,
premium on, if any, and interest on, and the purchase price of,
Revenue Bonds and Refunding Revenue Bonds and the interest on
Revenue Notes and Refunding Revenue Notes, and the reimbursement
of the provider of any Credit Facility securing the payment of
such amounts. The authorization provided by this Ordinance to
issue Revenue Obligations shall include the authorization to
issue any Indebtedness or to enter into any Leases, for any valid
public purpose related to the Wastewater Utility, which
Indebtedness or Leases, and any Credit Facilities or Credit
Facility Agreements entered into in connection therewith, if so
determined by the Board of Finance in the Administrative
Resolution, may be secured by a pledge of the Pledged Amounts,

201

I'.

Ord. No. 496

provided that such pledge shall, to the extent and in the manner
provided in the Administrative Resolution, be junior and
subordinate to the pledge of the Pledged Amounts to secure the
payment of the principal of, premium on, if any, and interest on,
and the purchase price of, Revenue Bonds and Refunding Revenue
Bonds and interest on Revenue Notes and Refunding Revenue Notes
and the reimbursement of the provider of any Credit Facility
securing the payment of such amounts. Any such Indebtedness or
Leases may, subject to any further requirements of the Board of
Finance in the Administrative Resolution, the City Charter or
other applicable law, be approved, secured, sold, executed and
delivered and the proceeds thereof may be disbursed, in the
manner provided in this Ordinance for Revenue Obligations, and
the authorization under this Ordinance for the Board of Finance
to issue Revenue' Obligations for the purposes and in the manner
set forth herein shall apply with the same force and effect to
the issuance, assumption or entering into of any such
Indebtedness or Leases. Any covenants made in this Ordinance for
the benefit of the holders of Revenue Obigations shall also be
deemed to be made for the benefit of the holders of any such
Indebtedness or Leases from time to time and shall be enforceable
by such holders, subject to any limitations set forth in the
Administrative Resolution. The principal amount of such
Indebtedness or Leases, and any Credit Facilities issued in
connection therewith, shall be counted towards the maximum amount
of Revenue Obligations authorized to be issued under this
Ordinance, to the extent and in the manner provided in Section 2
of this Ordinance with respect to Revenue Obligations.

C. The City represents and warrants that the Pledged
Amounts are and will be free and clear of any pledge, lien,
charge or encumbrance thereon or with respect thereto prior to,
or of equal rank with, the pledge created by this Ordinance
except to the extent expressly permitted by the Administrative
Resolution. The City covenants and agrees that it shall at all
times, to the extent permitted by law, defend, preserve and
protect the pledge of the Pledged Amounts, and all the rights of
the holders of the Revenue Obligations under this Ordinance and
the Administrative Resolution against all claims and demands of
all persons whomsoever.

Sec. 6. And be it further ordained, That, the Board of
Finance may establish from the proceeds of the Revenue
Obligations or other funds of the Wastewater Utility or any other
amounts whatsoever, one or more reserve funds for the Revenue
Obligations, including (without limitation) debt service reserve
funds, which fund or funds may be pledged to the payment of
principal of, premium on, if any, and interest on, and the
purchase price of one or more series of such Revenue Obligations
in the event that the Pledged Amounts for any year are
insufficient to pay the principal of, premium on, if any, and

202

Ord. No. 496

interest on, and the purchase price of, such Revenue Obligations
for such year. This section shall not be deemed to preclude the
establishment of other reserve funds, the amounts in which are
not Pledged Amounts, in connection with the Revenue Obligations
or any subordinate obligations of the Wastewater Utility,
including (without limitation) a renewal and replacement fund.

Sec. 7. And be it further ordained. That, the City hereby
covenants that it will pay the principal of, the premium on, if
any, and the interest on any Revenue Notes or Refunding Revenue
Notes in the nature of bond anticipation notes from the first
proceeds of any Refunding Revenue Bonds issued hereunder when,
and as soon as, the reason for deferring their issuance no longer
exists; but in any event, in sufficient time to permit the
payment of the Revenue Obligations at maturity or extended
maturity.

SEC. 8. AND BE IT FURTHER ORDAINED, That, the City
covenants that:

A. It will take or cause to be taken all actions necessary C/*

to ensure that Rates and Charges are assessed, established and L^

collected so that, for each Fiscal Year, (i) the aggregate amount "^

of collections from such Rates and Charges, together with any C^ ^

other moneys then legally available therefor, will be at all ^^^ ^

times at least equal to 100% of the Operating Requirements of the
Utility and (ii) the amount of Pledged Revenues collected from
such Rates and Charges will be at all times at least equal to
12 0% of the Maximum Annual Debt Service on outstanding Revenue ^- "

Obligations. The foregoing requirements are collectively C^"^ '^

referred to as the "Rate Requirements." The phrase "other moneys ^-^

then legally available therefor" in the Rate Requirements shall ^^Z ^.■

include (without limitation) (i) any amounts borrowed by the City ^j!' r

or loaned to the Wastewater Utility in connection with a Revenue
Anticipation Borrowing as described in Section 8D. below and (ii)
anticipated investment earnings on the funds held by the trustee l-^,r

for the Revenue Obligations (the "Trustee") (to the extent CL'^

provided by the Board of Finance) and (iii) the amount of any \^

operating cash balance in the Wastewater Utility in q.^oq.^q of the
Operating RGocrvo, and shall exclude (without limitation) (a) any
amounts borrowed by the City or loaned to the Wastewater Utility
in connection with any additional borrowing other than a Revenue
Anticipation Borrowing, as described in Section BE. below and (b)

^ ,, __. _.._ ,_, irs^ ^

any amounts received or to be received in the current Fiscal Year I— »-• ^

by the Wastewater Utility which amounts are payable by the City V^ f

to Baltimore County, Maryland. ^:f ^

203

Ord. No. 496

end; and that it intends to create the following obligations
hereby:

(i) The Director of Finance and the Director of Public
Works, at the time of submission of the annual operating budget
portion of the Ordinance of Estimates, shall recommend to the
Board of Estimates the assessment and the establishment of Rate
and Charges which at least meet the Rate Requirements.

(ii) The City Council and the members thereof shall
recommend to the Board of Estimates approval of Rates and Charg
which are projected to at least meet the Rate Requirements.

(iii) The Board of Estimates shall assess and establish an
the Director of Finance shall collect Rates and Charges which a
least meet the Rate Requirements.

(V) Within 60 days of the filing of the Financial Report
with the City, if such report shows the Operating Revenues of t
Utility to be less than the amount required to satisfy the Rate
Requirements, the Director of Finance, the Director of Public
Works and the City Council and the members thereof shall
recommend, and the Board of Estimates shall assess and establis
Rates and Charges which result in Operating Revenues of the
Utility at least equal to the amount necessary to satisfy the
Rate Requirements.

(vi) If at any time it is established to the satisfaction
the Trustee or the Director of Finance, in accordance with
procedures established in the Administrative Resolution, that
expected or actual Operating Revenues of the Utility will be or
are less than the amount necessary to satisfy the Rate
Requirements, the Director of Finance, the Director of Public
Works and the City Council and the members thereof shall
recommend and the Board of Estimates shall assess and establish
Rates and Charges which result in Operating Revenues of the
Utility at least equal to the amount necessary to satisfy the
Rate Requirements.

(vii) If in any Fiscal Year it appears that the Operating
Revenues of the Utility will be in excess of those budgeted for
the Wastewater Utility and if the Board of Estimates determines
to decrease the Rates and Charges for any Fiscal Year or portio
thereof as authorized by Article 29, Section 21A. (a) of the Cit
Code, or any successor provision, any such decrease shall be su

204

Ord. No. 4 96

that the resulting collections from the reduced Rates and Charges
will continue to satisfy the Rate Requirements throughout such
Fiscal Year or portion thereof.

(viii) Except as provided in this Ordinance or in the
Administrative Resolution, so long as any Revenue Obligations are
outstanding, the City shall not, in the normal course and without
taking corrective steps to remedy the reasons therefor, furnish
or supply any facilities, services or commodities afforded by it
in connection with the Wastewater Utility free of charge, except
for wastewater service rendered in connection with fire and other
public safety services of the City, as specified in the
Administrative Resolution. The City will promptly enforce in the
manner and to the extent provided by law the payment of any and
all delinquent accounts except when the City determines that such
enforcement is no longer practicable or economically justified.

C. The Board of Finance is hereby authorized to establish in
the Administrative Resolution any procedure deemed necessary or
desirable to permit the City to respond to any change in the
method of establishment of Rates and Charges, so long as such
procedure is consistent with the security of the holders of the
Revenue Obligations, this Ordinance, the City Charter, the City
Code and other applicable law.

D. The City recognizes that in order to comply with the ^^- ^

Rate Requirements without unnecessarily increasing Rates and "j p

Charges, it may be necessary to borrow certain amounts in j^*^ J^'

anticipation of receipt of Accounts Receivable. Accordingly, the ^^* ^

City is hereby authorized to borrow on a short term basis, (3—

pursuant to applicable law, in an amount not to exceed an amount ic^C

equal to the amount of Accounts Receivable as of the last day of ibz^. ^'

the immediately preceding month, multiplied by the average ^;'

Accounts Receivable collection rate of the City for the three (3) ^

most recent Fiscal Years (the "Revenue Anticipation Borrowing") .
The City is hereby authorized to accomplish such borrowing or
borrowings from time to time by any one or more of the following:
(i) issuing Revenue Obligations or other Indebtedness; (ii)
borrowing the amount from the City; or (iii) borrowing the amount
pursuant to any other method of short term borrowing then
authorized by applicable law. If the Revenue Anticipation

Borrowing is accomplished through the issuance of Revenue ^^ ^

Obligations, the Revenue Anticipation Borrowing will be secured ir>'^ ^

as other Revenue Obligations and any reference in this Ordinance **! C^

to the security for the Revenue Obligations shall be deemed to t^-^ /

include the Revenue Anticipation Borrowing. The amount ^^

authorized to be borrowed by the City from time to time pursuant
to this subsection shall be in addition to the amount of Revenue
Obligations authorized in Section 2 hereof. The terms and
conditions of any Revenue Anticipation Borrowing shall be as
determined in the Administrative Resolution or any other

205

Ord. No. 496

resolution adopted by the Board of Finance in connection with
such borrowing, including (without limitation) the provision for
private (negotiated) sale or placement of any City Revenue
Obligations, which private sale or placement is hereby found and
determined to be in the best interest of the City unless
otherwise determined by the Board of Finance in the
Administrative Resolution or any other resolution adopted by the
Board of Finance in connection with such borrowing.

E. Nothing in this Ordinance shall preclude the City from
borrowing money pursuant to applicable law in order to make a
loan to the Wastewater Utility to meet any temporary cash
operating deficit other than as provided in Section 8D. above;
provided, however, that the proceeds of such borrowing or loan
shall not constitute amounts available for satisfaction of the
Rate Requirements, as provided in Section 8A. above.

SEC. 9. AND BE IT FURTHER ORDAINED, That, the City hereby
covenants that:

C. Under current City procedures, the City Charter and
applicable law, the Director of Public Works shall be obligated
to determine, prior to his submission of the capital budget for
the Wastewater Utility in any Fiscal Year, (i) the amount of the
Ordinary Capital Requirement for the next ensuing Fiscal Year,

206

Ord. No. 496

and (ii) the amount necessary to maintain the Extraordinary
Capital Requirement for the next ensuing Fiscal Year.

D. The City shall not reduce any appropriation included
in the Wastewater Utility operating budget portion of the
Ordinance of Estimates for any Fiscal Year unless requested to do
so by the Director of Finance.

SEC. 10. AND BE IT FURTHER ORDAINED, That, the City
covenants that if additional appropriations for expenditures for
the Wastewater Utility are approved to be made from Operating
Revenues of the Utility received or expected to be received in
any Fiscal Year by the Wastewater Utility in excess of those
relied upon by the Board of Estimates in determining the
Ordinance of Estimates for such Fiscal Year, the City will take
or cause to be taken in timely fashion all actions necessary to
comply with the Rate Requirements.

SEC. 11. AND BE IT FURTHER ORDAINED, That, the City
covenants that if, upon the application of the Director of Public
Works, the amount for a particular program, purpose, activity or

project budgeted for the Wastewater Utility in the Ordinance of l^

Estimates for any Fiscal Year is increased or the amount for a
new program, purpose, activity or project for the Wastewater

Utility is introduced by transferring amounts already ^5- ^

appropriated to the Wastewater Utility in the Ordinance of ^^ Q.

Estimates for any Fiscal Year, the City will take or cause to be
taken all actions necessary to comply with the Rate Requirements

SEC. 12. AND BE IT FURTHER ORDAINED, That: (^ti "

A. The City covenants to take or cause to be taken all ,c^- ^

actions necessary to assure that (i) upon the recommendation of i^^ C

the Director of Finance and the Director of Public Works, ^_

appropriations for any program, purpose, activity or project
included in the Ordinance of Estimates for any Fiscal Year for
the Wastewater Utility will be carried over to Fiscal Years
subsequent to the one for which any appropriation was initially
made for the accomplishment of such program, purpose, activity or
project and (ii) any balance remaining to the credit of the
Wastewater Utility at the end of any Fiscal Year shall remain to
the credit of the Wastewater Utility and an estimate of such
balance shall be included in the Wastewater Utility's budget for
the next ensuing Fiscal Year as an estimated receipt to be

.... ..... ...=„.... ...... .... „ ... ......... ....... .. .. P^ c

utilized with respect to the Wastewater Utility, that is, an U-*^ ^

amount to be available for appropriation in the Wastewater ^^^^

Utility budget in the next ensuing Fiscal Year.

B. Under current City procedures, the City Charter and
applicable law, this covenant shall be deemed to obligate (i)
the Director of Public Works and the Director of Finance to

207

Ord. No. 496

recommend that any program, purpose, activity or project included
in the Ordinance of Estimates for any Fiscal Year for the
Wastewater Utility which is necessary for the proper functioning
of the Wastewater Utility, be carried over to Fiscal Years
subsequent to the one for which any appropriation was initially
made for the accomplishment of such program, purpose, activity or
project; (ii) the Board of Estimates, upon the recommendation of
the Director of Public Works and the Director of Finance, to
approve the carrying over to Fiscal Years subsequent to the
current Fiscal Year any program, purpose, activity or project
relating to the Wastewater Utility included in the Ordinance of
Estimates for the current Fiscal Year; and (iii) the Board of
Estimates to assure that any balance remaining to the credit of
the Wastewater Utility at the end of any Fiscal Year shall remain
to the credit of the Wastewater Utility and an estimate of such
balance shall be included in the Wastewater Utility's budget for
the next ensuing Fiscal Year.

SEC. 14. AND BE IT FURTHER ORDAINED, That, the City
covenants that (i) the accounting system utilized for the
Wastewater Utility will conform to generally accepted principles
of utility accounting and will be kept on the accrual basis and
in the manner prescribed in Article VII, Section 8 of the City
Charter, as amended from time to time; (ii) the report with
respect to the operation of the Wastewater Utility which is
required to be filed after the close of each Fiscal Year in
accordance with Article 29, Section 21A. (a) of the City Code (the
"Financial Report") will be submitted as a separate section of
the statements prescribed under Article VII, Section 8 of the
City Charter, as amended from time to time; (iii) the Financial
Report will contain at least all of the financial statements
required under Article 29, Section 21A. (a) of the City Code, as
amended from time to time, and will be filed within 180 days of
the close of each Fiscal Year; and (iv) the Financial Report
shall be audited by an independent certified public accountant.

SEC. 15. AND BE IT FURTHER ORDAINED, That, the City hereby
covenants and agrees as follows:

A. Except as provided in this Ordinance and in the
Administrative Resolution, the City shall not issue any bonds,

208

Ord. No. 496

notes or other evidences of indebtedness, other than the Revenue
Obligations, secured by a ratable or parity pledge of or other
lien on the Pledged Amounts, and shall not otherwise create or
cause to be created any ratable or parity lien or charge on the
Pledged Amounts.

(i) So long as all necessary requirements of the City
Charter, the City Code and other applicable law are complied
with, the City may issue or assume any Indebtedness or enter into
any Leases for any valid public purpose related to the Wastewater
Utility, which Indebtedness or Leases, and any Credit Facilities
or Credit Facility Agreements entered into in connection
therewith, if so determined by the Board of Finance, may be
secured by a pledge of the Pledged Amounts, provided that such
pledge shall be junior and subordinate to the pledge of the
Pledged Amounts to secure the Revenue Obligations and any Credit
Facility securing the payment of the Revenue Obligations, to the
extent and in the manner provided in Section 5B. of this
Ordinance;

(ii) Notwithstanding anything in this Ordinance or the v/''

Administrative Resolution to the contrary, the City may issue or i-^

assume Indebtedness and enter into Leases secured solely by the z'^'N 7y

revenues, receipts or other moneys derived by the City from the A— -^ ^

lease, license, operation, sale or other disposition of any *^^ ^

facility or equipment of the Wastewater Utility constructed or acr^" 0-

acquired by or on behalf of the City with the proceeds of such 1 pr

Indebtedness or in connection with such Leases. Such revenues, ^^ -^

receipts and other moneys shall not be considered Operating *^x **

Revenues of the Utility or Rates and Charges hereunder, provided O-—

that ^C ^

(a) neither the debt service on such Indebtedness, the ^^^ (^

amounts payable in connection with such Leases, any cost of the ^'
acquisition, construction, leasing, operation, maintenance or
repair of any such facility or equipment nor provision for
reserves for any of the foregoing shall be paid from the proceeds

of Revenue Obligations or from Operating Revenues of the Utility [^

or shall be included in operating expenses of the Wastewater --.^i. /•''

Utility, --^ ^

(b) any such revenues, receipts and moneys in excess of ^vO
such debt service, amounts payable in connection with such ^^ "
Leases, costs of acquisition, construction, leasing, operation, ^ .
maintenance and repair and reserves shall be deposited to the U^*^ f^
credit of the Wastewater Utility (and upon such deposit shall be ^'^
deemed Operating Revenues of the Utility) , and

(c) prior to issuing or assuming such Indebtedness or
entering into such Leases, the City shall deliver to the Trustee
a- certificate of a consulting engineer stating that the lease,

209

Ord. No. 496

license, operation, sale or other disposition of such facility or
equipment and the application of the revenues, receipts and other
moneys derived therefrom to the leasing, operation, maintenance
and repair thereof and the payment of the debt service on such
Indebtedness issued therefor or the amounts payable in connection
with the Leases entered into therefor, and the provision of
reserves for the foregoing, will not result in any material
decrease in the Operating Revenues of the Utility or the Pledged
Revenues of the City, as provided in the Administrative
Resolution.

B. The Administrative Resolution shall provide the extent
to which all or any part of the Wastewater Facilities may be
sold, mortgaged, leased or otherwise disposed of or encumbered so
long as such provisions are consistent with applicable law, this
Ordinance and the covenants contained herein.

C. In order to implement the obligations historically
exercised by the City with respect to the Wastewater Utility and
to implement the City Charter provisions with respect to the
Wastewater Utility, the City shall operate, or cause to be
operated, the Wastewater Utility properly and in a sound,
efficient and economical manner and shall maintain, preserve, and
keep the same or cause the same to be maintained, preserved, and
kept in good repair, working order and condition, and shall from
time to time make, or cause to be made, all necessary and proper
repairs, replacements and renewals so that the operation of the
Wastewater Utility may be properly and advantageously conducted,
and, if any useful part of the Wastewater Utility is damaged or
destroyed or taken through the exercise of eminent domain, the
City shall, as expeditiously as practicable, commence and
diligently prosecute the replacement or reconstruction of such
damaged or destroyed part so as to restore the same to use and
the replacement of such part so taken; provided, however, that
nothing in this Ordinance or the Administrative Resolution shall
require the City to operate, maintain, preserve, repair, replace,
renew or reconstruct any part of the Wastewater Utility if (i)
abandonment of operation of such part is economically justified
and is not prejudicial to the interests of the holders of the
Revenue Obligations, and (ii) failure to operate, maintain,
preserve, repair, replace, renew or reconstruct such part will
not impair the ability of the City to satisfy the Rate
Requirements. The Administrative Resolution may establish the
terms and conditions of any such exception and may provide for
further exceptions so long as consistent with this Ordinance and
the covenants of the City contained herein.

D. The City shall at all times (i) keep all Wastewater
Facilities of an insurable nature and of the character usually
insured by operating utilities similar to the Wastewater Utility
insured, insofar as practicable, against loss or damage by fire

210

Ord. No. 496

and from other causes customarily insured against and (ii)
maintain insurance, insofar as practicable, against loss or
damage from such hazards and risks to the persons and property of
others as are usually insured against by those operating systems
similar to the Wastewater Utility. The amounts and types of
insurance to be maintained and the terms and conditions with
respect to the insurance or any proceeds from any claim
thereunder shall be as provided in the Administrative Resolution.
Nothing contained in this Ordinance shall prohibit the use of
self-insurance to fulfill any covenant with respect to insurance
so long as the self-insurance is in accordance with any terms and
conditions with respect thereto contained in the Administrative
Resolution.

SEC. 16. AND BE IT FURTHER ORDAINED, That, the City
covenants that no expenditures will be made from amounts credited
to the Wastewater Operating Fund of the Wastewater Utility (or
successor operating fund) except those expenditures relating to
items for which appropriations have been made in the Wastewater
Utility operating budget portion of the Ordinance of Estimates. ff\

r?^ <r

SEC. fc^ 17. AND BE IT FURTHER ORDAINED, That, all Revenue
Obligations shall be executed in the name of the Mayor and City
Council of Baltimore and on its behalf by the manual or facsimile
signature of the Mayor or acting Mayor of the City and of the ^^.

Director of Finance or acting Director of Finance of the City and asd!! ^

the corporate seal of the City shall be imprinted thereon, J Q

attested by the manual or facsimile signature of the Custodian or " '~

the alternate Custodian of the Seal of the City. However, the
Board of Finance may, in the Administrative Resolution, when the

Board of Finance finds that the nature of a transaction requires cdJ! ^

such a procedure, establish a procedure whereby the Trustee, or a *^^ '^

responsible trust company or other duly authorized trustee, i^— C

issuing agent or paying agent, maintains an inventory of blank *.

Revenue Obligations previously imprinted and signed, available
for delivery to purchasers of ahopt toga Revenue Obligations
under conditions which require prompt action and delivery.

In the event any official whose signature shall appear on
any series of the Revenue Obligations shall cease to be such
official prior to the delivery of any series of Revenue

Obligations, or, in the event any such official whose signature C/*^ "^

shall appear on any series of Revenue Obligations shall have Oi ^

become such after the date of issue thereof, the Revenue ii"j ^

Obligations of such series shall nevertheless be valid and t. O

legally binding obligations of the City in accordance with their <r.^

terms.

SEC. 18. AND BE IT FURTHER ORDAINED, That, the proceeds
from the sale of the Revenue Obligations shall be paid to the
Director of Finance for immediate deposit with the Trustee. The

211

Ord. No. 496

Trustee shall invest and disburse such proceeds in accordance
with the Enabling Laws, this Ordinance and the Administrative
Resolution.

SEC. 19. AND BE IT FURTHER ORDAINED, That, authority is
hereby conferred on the Board of Finance, to take the following
actions and to make the following commitments on behalf of the
City:

A. to determine and set forth the form, terms, provisions
(including redemption provisions and sinking fund requirements,
if any) , manner or method of issuing and selling (including
negotiated or competitive bid sale) and the time or times of

212

Ord. No. 496

issuance and any and all other details of the Revenue
Obligations;

C. to determine the dates, times and places when an
underwriting or placement agreement or purchase contract shall be
submitted by the underwriters or placement agents for the Revenue
Obligations or purchasers of the Revenue Obligations, such
underwriting or placement agreement or purchase contract to
specify the interest rate or rates proposed to be paid on the
Revenue Obligations, the price at which such Revenue Obligations ^y^
are to be sold to such underwriters, placement agents or ^
purchasers, and such other matters as the underwriters, placement
agents or purchasers and the Board of Finance may deem necessary
or desirable in order to effect the sale and delivery of the
Revenue Obligations;

OCX

D. to determine the interest rate or rates to be paid by | r

the City on the Revenue Obligations in accordance with the •->.- "^

proposed underwriting or placement agreement or purchase contract »^
submitted by the underwriters or placement agents for the Revenue

Cii

Obligations or purchasers of the Revenue Obligations; ec^C s^

«:r- -^

E. to appoint, as the Board of Finance deems necessary and jtS** Q
appropriate, a bank having trust powers, or a trust company, as ^
Trustee for the Revenue Obligations; and ■ i^ ^

F. to approve the form of trust agreements between the City i— .^
and the Trustee (which may be the Administrative Resolution) , U-;
which trust agreements may (i) pledge or assign all or any part *^,— ^
of the security of the Revenue Obligations so long as consistent ^-^ L^
with the covenants contained in this Ordinance and the C** ^
Administrative Resolution, (ii) contain reasonable and proper C/*^
provisions for the protection and enforcement of the rights and Oi ^
remedies of the holders of the Revenue Obligations, (iii) set ilJ ^
forth the rights and remedies of the holders of the Revenue tf*"^ C^
Obligations and any Trustee and may restrict the individual right ^^^

of action by the holders of the Revenue Obligations and (iv) ^^^ \^

contain whatever other provisions are deemed reasonable and ^•^ |^

proper for the security of the holders of the Revenue ^\^ ^

Obligations. '""^

213

Ord. No. 496

The Board of Finance shall perforin any and all actions
necessary or deemed appropriate by such Board in order to effect
the issuance and sale of the Revenue Obligations in accordance
with and pursuant to this Ordinance and the underwriting or
placement agreements or purchase contracts for the Revenue
Obligations.